1368                                      LAWS OF MARYLAND                                Ch. 657

PHONOGRAPH RECORD, DISC, WIRE, TAPE, FILM OR ARTICLE; OR
(2) SELL, DISTRIBUTE, CIRCULATE, OFFER FOR SALE,
DISTRIBUTION OR CIRCULATION, POSSESS FOR THE PURPOSE OF
SALE, DISTRIBUTION OR CIRCULATION OR CAUSE TO BE SOLD,
DISTRIBUTED, OR CIRCULATED, OFFERED FOR SALE,
DISTRIBUTION OR CIRCULATION, OR POSSESSED FOR SALE,
DISTRIBUTION OR CIRCULATION ANY ARTICLE OR DEVICE ON
WHICH SOUNDS HAVE BEEN SO [[RECORDED]] [[.]] TRANSFERRED
WITHOUT CONSENT OF THE OWNER OF THE MASTER
PHONOGRAPH RECORD, MASTER DISC, MASTER TAPE, OR OTHER
DEVICE OR ARTICLE FROM WHICH THE SOUNDS ARE DERIVED.

(B) IT IS UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP,
CORPORATION OR ASSOCIATION KNOWINGLY TO SELL,
DISTRIBUTE, CIRCULATE, OFFER FOR SALE, DISTRIBUTION OR
CIRCULATION, OR POSSESS FOR THE PURPOSE OF SALE,
DISTRIBUTION OR CIRCULATION, ANY PHONOGRAPH RECORD,
DISC, WIRE, TAPE, FILM, OR OTHER ARTICLES ON WHICH SOUNDS
HAVE BEEN TRANSFERRED UNLESS THE PHONOGRAPH, RECORD,
DISC, WIRE, TAPE, FILM, OR OTHER ARTICLE BEARS THE ACTUAL
NAME AND STREET ADDRESS OF THE TRANSFEROR OF THE
SOUNDS 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 [[OPERATORS]] OPERATOR WHO
TRANSFERS SOUNDS AS PART OF OR IN CONNECTION WITH A
RADIO OR TELEVISION [[BROADCAST]] TRANSMISSION OR FOR
ARCHIVAL PRESERVATION;

(2) ANY PERSON TRANSFERRING SOUNDS FOR HIS 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 TWENTY-FIVE HUNDRED ($2,500) DOLLARS FOR THE FIRST
OFFENSE AND NOT MORE THAN TEN THOUSAND ($10,000) DOLLARS
FOR A SUBSEQUENT OFFENSE, OR BY IMPRISONMENT FOR NOT
MORE THAN ONE (1) YEAR FOR A FIRST OFFENSE, NOR MORE
THAN THREE (3) YEARS, FOR A SUBSEQUENT OFFENSE, OR BY
BOTH FINE AND IMPRISONMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.