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47-21.1 Sound Recordings

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CHAPTER 47-21.1SOUND RECORDINGS47-21.1-01. Definition. As used in this chapter, the term &quot;owner&quot; means the person whoowns the original fixation of sounds embodied in the master phonograph record, master disc,<br>master tape, master film, or other device used for reproducing sounds on phonograph records,<br>discs, tapes, films, or other articles on which sound is recorded, and from which the transferred<br>recorded sounds are directly derived.47-21.1-02.Unauthorized transfer of recorded sound or the recording of anyperformance prohibited. It is hereby declared unlawful for any person to knowingly:1.Transfer or cause to be transferred any sounds recorded on a phonograph record,<br>disc, tape, wire, film, or other article on which sounds are recorded, with the intent to<br>sell or cause to be sold for profit, or used to promote the sale of any product, any<br>article on which sounds are so transferred without the express consent of the owner.2.And without the consent of the performer, transfer to or cause to be transferred to<br>any phonograph record, disc, wire, tape, film, or other article, any performance,<br>whether live before an audience or transmitted by wire or through the air by radio or<br>television, with the intent to sell or cause to be sold for profit or used to promote the<br>sale of any product, such article onto which such performance is so transferred.3.Or with reasonable grounds to know, advertise, or offer for sale or resale, or sell or<br>resell, distribute or possess for such purposes, any recorded article that has been<br>produced without the consent of the owner. Possession of five or more duplicate<br>copies, or twenty or more individual copies of such recorded articles, produced<br>without the consent of the owner, shall create a rebuttable presumption that such<br>devices are intended for sale or distribution in violation of this section.4.Or with reasonable grounds to know, sell or resell, distribute or possess for such<br>purposes, any phonograph record, disc, wire, tape, film, or other article embodying<br>any performance, whether live before an audience, or transmitted by wire or through<br>the air by radio or television, recorded without the consent of the performer.47-21.1-03.Disclosure of name and address of manufacturer.No person shalladvertise or offer for sale or resale, or sell or resell, or possess for such purposes, any<br>phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, unless<br>the outside cover, box, or jacket clearly and conspicuously discloses the actual name and<br>address of the manufacturer thereof, and the name of the actual performer or group of<br>performers.47-21.1-04. Forfeiture and destruction of illegal recordings. Any recording producedin violation of this chapter, and any equipment used in the production thereof, shall be subject to<br>forfeiture and destruction upon seizure by any state or local law enforcement agency or officer<br>thereof.47-21.1-05. Exemptions. The provisions of this chapter shall not apply to:1.Any broadcaster who, in connection with or as part of a radio, television, or cable<br>broadcast transmission, or for the purpose of archival preservation, transfers any<br>sounds recorded on a sound recording.2.Any person who transfers sounds in the home, for personal use, and without<br>compensation for such transfer.Page No. 13.Any person who transfers or causes to be transferred any recorded sounds or<br>transcript thereof in any judicial or administrative proceedings conducted pursuant to<br>law.47-21.1-06. Penalty. Any person violating subsection 1 or 2 of section 47-21.1-02 shall,upon conviction thereof, be guilty of a class C felony. Each individual, felonious manufacture or<br>production of a recorded article shall constitute a separate offense and be punishable as such.<br>Any person violating the provisions of subsection 3 or 4 of section 47-21.1-02, or the provisions<br>of section 47-21.1-03 shall, upon conviction thereof, be guilty of a class B misdemeanor.Page No. 2Document Outlinechapter 47-21.1 sound recordings