4116 - Copying; recording devices.

     § 4116.  Copying; recording devices.        (a)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Manufacturer."  The person or entity which authorized or     caused the recording or transfer of sounds, images or a     combination of sounds and images to the recorded device in     issue. The term shall not include the manufacturer of the     cartridge or casing itself.        "Owner."  The person who owns the master phonograph record,     master disc, master tape, master film or other device used for     reproducing recorded sounds on phonograph records, discs, tapes,     films or other articles on which sound is recorded and from     which the transferred sounds are directly or indirectly derived.        "Recorded device."  Any phonograph record, disc, tape, film,     videotape, video cassette or other tangible article, now known     or later developed, upon which sounds or images or any     combination of sounds and images are recorded.        (b)  Unauthorized transfer of sounds on recording devices.--     It shall be unlawful for any person to:            (1)  knowingly transfer or cause to be transferred,        directly or indirectly by any means, any sounds recorded on a        phonograph record, disc, wire, tape, film or other article on        which sounds are recorded, with the intent to sell or cause        to be sold, or to be used for profit through public        performance, such article on which sounds are so transferred,        without consent of the owner; or            (2)  manufacture, distribute or wholesale any article        with the knowledge that the sounds are so transferred,        without consent of the owner.        (c)  Exceptions.--            (1)  Subsection (b) shall not apply to any person engaged        in radio or television broadcasting who transfers, or causes        to be transferred, any such sounds other than from the sound        track of a motion picture intended for, or in connection with        broadcast or telecast transmission or related uses, or for        archival purposes.            (2)  Subsection (b) shall not apply to motion pictures or        to sound recordings fixed on or after February 15, 1972.        (d)  Manufacture, sale or rental of illegal recording or     recorded devices.--It shall be unlawful for any person to     knowingly manufacture, transport, sell, resell, rent, advertise     or offer for sale, resale or rental or cause the manufacture,     sale, resale or rental or possess for such purpose or purposes     any recorded device in violation of this section.        (d.1)  Manufacture, sale or rental of a recording of a live     performance without consent of the owner.--            (1)  It shall be unlawful for any person to knowingly        manufacture, transport, sell, resell, rent, advertise or        offer for sale, resale or rental or cause the manufacture,        sale, resale or rental or possess for such purpose or        purposes any recording of a live performance with the        knowledge that the live performance has been recorded without        the consent of the owner.            (2)  In the absence of a written agreement or law to the        contrary, the performer or performers of a live performance        are presumed to own the rights to record those sounds.            (3)  For purposes of this section, a person who is        authorized to maintain custody and control over business        records that reflect whether or not the owner of the live        performance consented to having the live performance recorded        is a competent witness in a proceeding regarding the issue of        consent.        (e)  Name of manufacturer on recorded device packaging.--     Every recorded device manufactured, transported, rented, sold,     offered for sale or rental, or transferred or possessed for such     purpose or purposes by any person shall contain on its packaging     or label the true name of the manufacturer.        (f)  Confiscation of non-conforming recorded devices.--It     shall be the duty of all law enforcement officers, upon     discovery, to confiscate all recorded devices that do not     conform to the provisions of subsection (e). The non-conforming     recorded devices shall be delivered to the district attorney of     the county in which the confiscation was made. The officer     confiscating the recorded devices shall provide to the person     from whom the recorded devices were confiscated notice that the     person may request a hearing concerning the confiscation and     disposition of the devices. Thereafter, the district attorney     may seek a court order for destruction of the recorded devices.     The provisions of this section shall apply to any non-conforming     recorded device, regardless of the requirement in subsection (d)     of knowledge or intent.        (g)  Grading of offenses.--            (1)  Any violation of the provisions of this section        involving, within any 180-day period, at least 100 devices        upon which motion pictures or portions thereof have been        recorded or at least 1,000 devices containing sound        recordings or portions thereof is a felony of the third        degree. A second or subsequent conviction is a felony of the        second degree if at the time of sentencing the defendant has        been convicted of another violation of this section.            (2)  Any other violation of the provisions of this        section not described in paragraph (1) upon a first        conviction is a misdemeanor of the first degree and upon a        second or subsequent conviction is a felony of the third        degree if at the time of sentencing the defendant has been        convicted of another violation of this section.        (h)  Rights of owners and producers to damages.--            (1)  Any owner of a recorded device whose work is        allegedly the subject of a violation of the provisions of        subsection (b), (d) or (e) shall have a cause of action for        all damages resultant therefrom, including actual and        punitive damages.            (2)  Any lawful producer of a recorded device whose        product is allegedly the subject of a violation of the        provisions of subsection (b), (d) or (e) shall have a cause        of action for all damages resultant therefrom, including        actual and punitive damages.            (3)  Upon conviction for any offense under this section,        the offender may be sentenced to make restitution to any        owner or lawful producer of a recorded device or any other        person who suffered injury resulting from the crime.        Notwithstanding any limitation in section 1106 (relating to        restitution for injuries to person or property), the order of        restitution may be based on the aggregate wholesale value of        lawfully manufactured and authorized recorded devices        corresponding to the non-conforming recorded devices involved        in the offense. All other provisions of section 1106 not        inconsistent with this provision shall apply to an order of        restitution under this section.        (i)  Forfeiture.--            (1)  No property right shall exist in any property used        or intended for use in the commission of a violation of this        section or in any proceeds traceable to a violation of this        section, and the same shall be deemed contraband and        forfeited in accordance with the provisions set forth in        section 6501(d) (relating to scattering rubbish).            (2)  Property and proceeds found in close proximity to        illegally recorded devices shall be rebuttably presumed to be        used or intended for use to facilitate a violation of this        section.            (3)  The provisions of this subsection shall not, in any        way, limit the right of the Commonwealth to exercise any        rights or remedies otherwise provided by law.     (Dec. 20, 1996, P.L.1499, No.194, eff. 60 days)