§ 6-13.1-15 - Piracy of recordings.
SECTION 6-13.1-15
§ 6-13.1-15 Piracy of recordings. –(a) As used in this section, "article" means a phonograph record, disc, wire,tape, film, compact disc, audio or video cassette, compact video disc, or otherdevice on which sounds or images are or can be recorded or otherwise stored.
(b) Unless exempt under subsection (d), it is unlawful forany person, firm, partnership, corporation, or association knowingly to:
(1) Transfer or cause to be transferred any sounds recordedon any article on which sounds are recorded onto any other article;
(2) Transfer or cause to be transferred any performance,whether live before an audience or transmitted by wire or through the air byradio or television, onto any article; or
(3) Sell, distribute, circulate, offer for sale,distribution, or circulation, possess for the purpose of sale, distribution, orcirculation, or cause to be sold, distributed, circulated, offered for sale,distribution, or circulation, or possessed for sale, distribution, orcirculation, any article on which sounds or performances have been transferredwithout the consent of the person who owns the master article from which thesounds are derived or the right to record the performance.
(c) It is unlawful for any person, firm, partnership,corporation, or association to sell, distribute, circulate, offer for sale,distribution, or circulation or possess for the purposes of sale, distribution,or circulation, any article on which sounds or images have been transferredunless the article bears the actual name and address of the transferor of thesounds in a prominent place on its outside face or package.
(d) This section does not apply to any person who transfersor causes to be transferred any sounds or images intended for or in connectionwith radio or television broadcast transmission or related uses, for archivalpurposes or solely for the personal use of the person transferring or causingthe transfer and without any compensation being derived by the person from thetransfer.
(e) Every person who violates the provisions of this sectionis guilty of a felony and:
(1) For the first offense is punishable by a fine of not morethan five thousand dollars ($5,000) or by imprisonment in the state prison fornot more than six (6) years, or by both fine and imprisonment.
(2) For a subsequent offense is punishable by a fine of notmore than five thousand dollars ($5,000) or by imprisonment in the state prisonfor not more than ten (10) years, or by both fine and imprisonment.
(3) The court in its judgment of conviction may order theforfeiture and destruction or other disposition of all infringing articles andall implements, devices, and equipment used in the manufacture of theinfringing articles.