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Ch. 26
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2002 LAWS OF MARYLAND
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(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 PERFORMER
(2) A PERSON MAY NOT KNOWINGLY DELIVER, OFFER FOR DELIVERY, OR
POSSESS FOR THE PURPOSE OF DELIVERY A RECORDED ARTICLE ON WHICH SOUNDS
OR IMAGES HAVE BEEN TRANSFERRED OR STORED, UNLESS THE RECORDED
ARTICLE BEARS IN A PROMINENT PLACE ON ITS OUTSIDE FACE OR PACKAGE:
(I) THE ACTUAL NAME AND STREET ADDRESS OF THE
TRANSFEROR OF THE SOUNDS OR IMAGES; AND
(II) THE ACTUAL NAME OF THE PERFORMER OR GROUP.
REVISOR'S NOTE: Subsection (a) of this section is new language added to
avoid unnecessary repetition of identical phrases.
Subsections (b), (c), and (d) of this section are new language derived
without substantive change from former Art. 27, § 467A(a) and (b).
In subsection (a)(2) of this section, the defined term "deliver" is substituted
for the former references to "sell, rent, distribute, circulate" and similar
references.
In subsection (a)(3) of this section, the defined term "performance" is
substituted for the former reference to "any performance whether live
before an audience or transmitted by wire or through the air by radio or
television".
In subsection (a)(4) of this section, the defined term "recorded article" is
substituted for the former references to "phonograph record, disc, wire,
tape, film, videocassette, or other article on which sounds are recorded or
otherwise stored" and similar references.
Throughout this section, the defined term "person" is substituted for the
former reference to a "person, firm, partnership, corporation, or
association", for brevity.
In subsection (b)(2) of this section, the term "master recorded article" is
substituted for the former phrase "master recording, film, or other such
article" for brevity.
In subsection (c)(1) of this section, the phrase "the owner of the original
fixation of sounds embodied in the master recorded article" is substituted
for the former reference to "the owner as defined in (a)(1)" for clarity.
In subsection (d) of this section, the term "recorded article on which sounds
or images have been transferred or stored" is substituted for the former
phrase "phonograph record, disc, wire, tape, film, videocassette, or other
article on which sounds or images are recorded or otherwise stored" for
brevity.
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- 562 -
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