Ch. 442 LAWS OF MARYLAND

ONLY APPLY TO SOUND RECORDINGS INITIALLY FIXED PRIOR TO
FEBRUARY 15, 1972; or

(2) Transfer to or cause to be transferred to any phonograph record, disc,
wire, tape, film, VIDEOCASSETTE, or other article ON WHICH SOUNDS OR
IMAGES ARE RECORDED OR OTHERWISE STORED, any performance whether
live before an audience or transmitted by wire or through the air by radio or television
with the intent to sell or cause to be sold for profit or used to promote the sale of any
product, without the consent of the performer; or

(3) Sell, RENT, distribute, circulate, offer for sale, RENTAL, distribution,
or circulation, possess for the purpose of sale, RENTAL, distribution, or circulation, or
cause to be sold, RENTED, distributed, or circulated, offered for sale, RENTAL,
distribution or circulation, or possessed for sale, RENTAL, distribution or circulation
any recorded article or device on which sounds have been transferred without the
consent of the owner as defined in (a)(l), or any recorded article or device embodying
a performance as described in (a)(2) without the consent of the performer.

(b) It is unlawful for any person, firm, partnership, corporation or association
knowingly to sell, RENT, distribute, circulate, offer for sale, RENTAL, distribution, or
circulation, or possess for the purpose of sale, RENTAL, distribution, or circulation, any
phonograph record, disc, wire, tape, film, VIDEOCASSETTE or other article on which
sounds OR IMAGES have been transferred OR STORED unless the phonograph,
record, disc, wire, tape, film, VIDEOCASSETTE, or other article bears the actual
name and street address of the transferor of the sounds OR IMAGES and the name of
the actual performer or group in a prominent place on its outside face or package.

(c) This section does not apply to:

(1) Any radio or television broadcaster or cable radio or television
operator who transfers sounds OR IMAGES as part of or in connection with a radio or
television transmission or for archival preservation;

(2) Any person transferring sounds OR IMAGES in the home for [his]
THE PERSON'S personal use without any compensation or other consideration being
derived by the person, or any other person, from the transfer.

(d) Each and every individual violation of this section is punishable, upon
conviction, by a fine of not more than $2,500 for the first offense and not more than
$10,000 for a subsequent offense, or by imprisonment for not more than 1 year for a
first offense, or more than 3 years for a subsequent offense, or by both fine and
imprisonment.

(e) Any article produced in violation of this section and any equipment, or
components used in the production thereof, shall be subject to forfeiture and
destruction by the appropriate law enforcement agency.

(F) THIS SECTION SHALL NEITHER ENLARGE NOR DIMINISH THE
RIGHTS OF PARTIES IN PRIVATE LITIGATION.

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