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Ch. 26
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PARRIS N. GLENDENING, Governor
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7-308. PROHIBITED TRANSFER OF RECORDED SOUNDS OR IMAGES.
(A) DEFINITIONS.
(1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "DELIVER" MEANS TO SELL, RENT, DISTRIBUTE, OR CIRCULATE.
(3) "PERFORMANCE" INCLUDES A LIVE PERFORMANCE AND A
PERFORMANCE THAT IS TRANSMITTED BY WIRE, RADIO, OR TELEVISION.
(4) "RECORDED ARTICLE" MEANS A PHONOGRAPH RECORD, DISC, WIRE,
TAPE, FILM, VIDEOCASSETTE, OR OTHER ARTICLE ON WHICH SOUNDS ARE
RECORDED OR OTHERWISE STORED.
(B) PROHIBITED — TRANSFER WITHOUT CONSENT OF SOUND RECORDINGS
INITIALLY FIXED BEFORE FEBRUARY 15, 1972.
(1) THIS SUBSECTION APPLIES ONLY TO SOUND RECORDINGS INITIALLY
FLXED BEFORE FEBRUARY 15, 1972.
(2) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PERSON MAY
NOT KNOWINGLY TRANSFER OR CAUSE TO BE TRANSFERRED ANY SOUNDS
RECORDED ON A RECORDED ARTICLE TO ANY OTHER RECORDED ARTICLE:
(I) WITH THE INTENT TO SELL OR CAUSE TO BE SOLD FOR PROFIT
OR USED TO PROMOTE THE SALE OF ANY PRODUCT; AND
(II) WITHOUT THE CONSENT OF THE OWNER OF THE ORIGINAL
FIXATION OF SOUNDS EMBODIED IN THE MASTER RECORDED ARTICLE.
(C) SAME — DELIVERY OF A RECORDED ARTICLE OR DEVICE WITHOUT
CONSENT.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PERSON MAY NOT
KNOWINGLY DELIVER, OFFER FOR DELIVERY, POSSESS FOR DELIVERY, CAUSE TO BE
DELIVERED, CAUSE TO BE OFFERED FOR DELIVERY, OR CAUSE TO BE POSSESSED
FOR DELIVERY A RECORDED ARTICLE OR DEVICE:
(1) ON WHICH SOUNDS HAVE BEEN TRANSFERRED WITHOUT THE
CONSENT OF THE OWNER OF THE ORIGINAL FIXATION OF SOUNDS EMBODIED IN
THE MASTER RECORDED ARTICLE; OR
(2) EMBODYING A PERFORMANCE WITHOUT THE CONSENT OF THE
PERFORMER
(D) SAME — TRANSFER OF SOUND OR IMAGES WITHOUT CONSENT AND
WITHOUT CREDIT.
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PERSON MAY
NOT KNOWINGLY TRANSFER TO OR CAUSE TO BE TRANSFERRED TO A RECORDED
ARTICLE ON WHICH SOUNDS OR IMAGES HAVE BEEN TRANSFERRED OR STORED ANY
PERFORMANCE:
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- 561 -
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