CHAPTER 641. UNAUTHORIZED RECORDINGS
BUSINESS AND COMMERCE CODE
TITLE 14. RECORDINGS
CHAPTER 641. UNAUTHORIZED RECORDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 641.001. DEFINITIONS. In this chapter:
(1) "Fix" means to embody in a recording or other tangible
medium of expression, by or under the authority of the author, so
that the matter embodied is sufficiently permanent or stable to
permit it to be perceived, reproduced, or otherwise communicated
for a period of more than transitory duration.
(2) "Live performance" means a recitation, rendering, or playing
of a series, in an audible sequence, of:
(A) images;
(B) musical, spoken, or other sounds; or
(C) a combination of images and sounds.
(3) "Owner" means a person who owns the sounds fixed in a master
phonograph record, master disc, master tape, master film, or
other recording:
(A) on which sound is recorded; and
(B) from which the transferred recorded sounds are directly or
indirectly derived.
(4) "Recording" means a tangible medium on which sounds, images,
or both are recorded or otherwise stored, including:
(A) an original phonograph record, disc, tape, audio or video
cassette, wire, film, or other medium now existing or later
developed; or
(B) a copy or reproduction that wholly or partly duplicates the
original.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
SUBCHAPTER B. PROHIBITED PRACTICES; PENALTIES
Sec. 641.051. UNAUTHORIZED DUPLICATION OF CERTAIN RECORDINGS.
(a) This section applies only to a recording that was initially
fixed before February 15, 1972.
(b) A person commits an offense if the person:
(1) knowingly reproduces for sale or causes to be transferred
any recording with intent to sell the recording or cause the
recording to be sold or use a recording or cause the recording to
be used for commercial advantage or private financial gain
through public performance without the consent of the owner;
(2) with the knowledge that the sounds on a recording have been
reproduced or transferred without the consent of the owner,
transports the recording within this state for commercial
advantage or private financial gain; or
(3) with the knowledge that a recording has been reproduced or
transferred without the consent of the owner:
(A) advertises, offers for sale, sells, or rents the recording;
(B) causes the sale, resale, or rental of the recording; or
(C) possesses the recording for a purpose described by Paragraph
(A) or (B).
(c) An offense under this section is punishable by:
(1) imprisonment for a term of not more than five years, a fine
not to exceed $250,000, or both, if:
(A) the offense involves at least 1,000 unauthorized recordings
during a 180-day period; or
(B) the defendant has been previously convicted under this
section;
(2) imprisonment for a term of not more than two years, a fine
not to exceed $250,000, or both, if the offense involves more
than 100 but fewer than 1,000 unauthorized recordings during a
180-day period; or
(3) confinement in the county jail for a term of not more than
one year, a fine not to exceed $25,000, or both, if the offense
is not otherwise punishable under Subdivision (1) or (2).
(d) This section does not apply to any fees due to the American
Society of Composers, Authors and Publishers.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 641.052. UNAUTHORIZED RECORDING OF LIVE PERFORMANCE. (a)
A person commits an offense if the person, with the knowledge
that a live performance has been recorded or fixed without the
consent of the owner:
(1) for commercial advantage or private financial gain,
advertises, offers for sale, sells, rents, or transports, causes
the sale, resale, rental, or transportation of, or possesses for
one or more of these purposes a recording containing sounds of
the live performance; or
(2) with the intent to sell for commercial advantage or private
financial gain, records or fixes the live performance, or causes
the live performance to be recorded or fixed on a recording.
(b) An offense under this section is punishable by:
(1) imprisonment for a term of not more than five years, a fine
not to exceed $250,000, or both, if:
(A) the offense involves at least 1,000 unauthorized recordings
embodying sound or at least 65 unauthorized audiovisual
recordings during a 180-day period; or
(B) the defendant has been previously convicted under this
section;
(2) imprisonment for a term of not more than two years, a fine
not to exceed $250,000, or both, if the offense involves more
than 100 but fewer than 1,000 unauthorized recordings embodying
sound or more than seven but fewer than 65 unauthorized
audiovisual recordings during a 180-day period; or
(3) confinement in the county jail for a term of not more than
one year, a fine not to exceed $25,000, or both, if the offense
is not otherwise punishable under Subdivision (1) or (2).
(c) 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 or fix those sounds.
(d) For purposes of this section, a person authorized to
maintain custody and control over business records that reflect
whether the owner of a live performance consented to having the
live performance recorded or fixed is a proper witness in a
proceeding regarding the issue of consent. A witness called
under this subsection is subject to the rules of evidence
relating to the competency of a witness to testify and the
relevance and admissibility of the testimony offered.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 641.053. UNAUTHORIZED OPERATION OF RECORDING DEVICE IN
MOTION PICTURE THEATER. (a) In this section:
(1) "Audiovisual recording function" means the capability of a
device to record or transmit a motion picture or any part of a
motion picture by means of any technology now known or later
developed.
(2) "Motion picture theater" means a movie theater, screening
room, or other place primarily used to exhibit a motion picture.
(b) A person commits an offense if, without the consent of the
owner of the theater, the person, with the intent to record a
motion picture, knowingly operates the audiovisual recording
function of any device in a motion picture theater while the
motion picture is being exhibited.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the person has been previously
convicted one time of an offense under this section; or
(2) a felony of the third degree if the person has been
previously convicted two or more times of an offense under this
section.
(d) It is a defense to prosecution under this section that the
audiovisual recording function of the device was operated solely
for official law enforcement purposes.
(e) If conduct constituting an offense under this section also
constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
(f) A person who reasonably believes that another has knowingly
operated the audiovisual recording function of a device in a
motion picture theater in violation of this section is privileged
to detain that other person in a reasonable manner and for a
reasonable time to allow for the arrival of law enforcement
authorities.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 641.054. LABELING. (a) A person commits an offense if:
(1) for commercial advantage or private financial gain, the
person knowingly:
(A) advertises, offers for sale, sells, rents, or transports a
recording;
(B) causes the sale, resale, rental, or transportation of a
recording; or
(C) possesses a recording for a purpose described by Paragraph
(A) or (B); and
(2) the outside cover, box, or jacket of the recording does not
clearly and conspicuously disclose:
(A) the actual name and address of the manufacturer; and
(B) the name of the performer or group.
(b) An offense under this section is punishable by:
(1) imprisonment for a term of not more than five years, a fine
not to exceed $250,000, or both, if:
(A) the offense involves at least 65 unauthorized recordings
during a 180-day period; or
(B) the defendant has been previously convicted under this
section;
(2) imprisonment for a term of not more than two years, a fine
not to exceed $250,000, or both, if the offense involves more
than seven but fewer than 65 unauthorized recordings during a
180-day period; or
(3) confinement in the county jail for a term of not more than
one year, a fine not to exceed $25,000, or both, if the offense
is not otherwise punishable under Subdivision (1) or (2).
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 641.055. FORFEITURE. If a person is convicted of a
violation of this chapter, the court in its judgment of
conviction shall order the forfeiture and destruction or other
disposition of:
(1) all recordings on which the conviction is based; and
(2) all devices and equipment used or intended to be used in the
manufacture of the recordings on which the conviction is based.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 641.056. PRIVATE RIGHTS AND REMEDIES NOT AFFECTED.
Sections 641.051, 641.052, and 641.054 do not affect the rights
and remedies of a party in private litigation.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 641.057. PENALTIES CUMULATIVE. A penalty provided by this
chapter is in addition to any other penalty provided under other
law.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.