WILLIAM DONALD SCHAEFER, Governor

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 $250,000, 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 180 DAY PERIOD IS PUNISHABLE BY A FINE OF
$250,000, OR BY IMPRISONMENT FOR NOT MORE THAN 3 YEARS, OR BY
BOTH FINE 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
[$10,000] $250,000 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) (1) 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.

(2) IF A PERSON IS CONVICTED OF ANY VIOLATION UNDER
THIS SECTION, THE COURT IN ITS JUDGMENT OF CONVICTION SHALL ORDER
THE FORFEITURE AND DESTRUCTION OR OTHER DISPOSITION OF ALL
INFRINGING ARTICLES AND OF ANY EQUIPMENT OR COMPONENTS USED OR
INTENDED TO BE USED IN THE PRODUCTION OF THE ARTICLES.

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

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

May 25, 1989

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