1736                                            LAWS OF MARYLAND                                     Ch. 534

(2) TRANSFER TO OR CAUSE TO BE TRANSFERRED TO
ANY PHONOGRAPH RECORD, DISC, WIRE, TAPE, FILM, OR OTHER
ARTICLE, 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 OF USED TO PROMOTE THE SALE OF ANY PRODUCT, WITHOUT
THE CONSENT OF THE PERFORMER; OR

[(2)] (3) 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 RECORDED article or device
on which sounds have been [so] transferred without THE
consent of the owner [of the master phonograph record,
master disc, master tape, or other device or article from
which the sounds are derived] AS DEFINED IN (A) (1), 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, 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] ARTICLE 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 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 as
part of or in connection with a radio or television
transmission or for archival preservation;

(2)    Any person transferring sounds IN THE HOME
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] $2,500 for
the first offense and not more than [ten thousand ($10,000)
dollars] $10,000 for a subsequent offense, or by
imprisonment for not more than [one (1) ] 1 year for a first
offense, nor more than [three (3)] 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.