Section 352-A:2 Acts Prohibited.
It shall be unlawful for any person to:
I. Knowingly transfer or cause to be transferred to any article on which sounds are recorded, directly or indirectly by any means, with the intent to sell such article or cause it to be sold or to be used for profit:
(a) Any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, without prior express written consent of the owner; or
(b) Any performance, whether live before an audience or transmitted by radio, television or other means, without the prior express written consent of the performer.
II. Advertise, sell or offer for sale at wholesale or retail, distribute, or possess for such purpose, any article on which sounds are recorded, if such person knew or should have known that such article:
(a) embodies any sounds transferred from a phonograph record, disc, wire, tape, film or other article, without the prior express written consent of the owner; or
(b) embodies any performance, whether live before an audience or transmitted by radio or television or other means, without the prior express written consent of the performer.
Possession of 5 or more duplicate copies or 20 or more individual copies of such recorded articles, produced without the consent of the owner or performer, shall create a rebuttable presumption that such articles are intended for sale or distribution in violation of this section.
III. This section does not apply to:
(a) Any motion picture or any sound recording initially fixed on or after February 15, 1972; or
(b) Any person who transfers, or causes to be transferred, any such sounds intended for or in connection with:
(1) broadcast or telecast transmissions or related uses, provided the transferor is engaged in licensed radio or television broadcasting;
(2) archival purposes; or
(3) home or personal use, without involving compensation or profit.
Source. 1973, 332:1. 1977, 371:2. 1995, 175:1, 2, eff. Jan. 1, 1996.