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Session Laws, 1989
Volume 771, Page 4793   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

sold for profit or used to promote the sale of any product,
without the consent of the performer; or

(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 OR IMAGES have been transferred
without the consent of the owner 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, VIDEOCASSETTE, or
other article NOW KNOWN OR LATER DEVELOPED 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 personal use without any compensation or other
consideration being derived by the person, or any other person,
from the transfer.

(d) (1) EACH AND EVERY VIOLATION OF THIS SECTION INVOLVING
AT LEAST 1,000 UNLAWFUL SOUND RECORDINGS OR AT LEAST 65 UNLAWFUL
AUDIOVISUAL RECORDINGS IN ANY 180 DAY PERIOD IS PUNISHABLE BY A
FINE OF NOT MORE THAN $25,000, OR BY IMPRISONMENT FOR NOT MORE
THAN 5 YEARS, OR BY BOTH FINE AND IMPRISONMENT.

(2) EACH AND EVERY VIOLATION OF THIS SECTION

INVOLVING MORE THAN 100 BUT LESS THAN 1,000 UNLAWFUL SOUND
RECORDINGS OR MORE THAN 7 BUT LESS THAN 65 UNLAWFUL AUDIOVISUAL
RECORDINGS IN ANY 100 DAY PERIOD IS PUNISHABLE BY A FINE OF NOT
MORE THAN §$250,000, OR BY IMPRISONMENT FOR NOT MORE THAN 3 YEARS,
OR BY BOTH FIND AND IMPRISONMENT.

(3) Each and every OTHER individual violation of this
section is punishable, upon conviction, by a fine of not more
than [$2,500] $25,000 for the first offense and not more than

- 4793 -

 

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Session Laws, 1989
Volume 771, Page 4793   View pdf image
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