Ch. 165

2004 LAWS OF MARYLAND

(c)      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)     (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:

(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.

(E) EXCEPT IN THE LOBBY AREA OF A MOTION PICTURE THEATER, A PERSON
MAY NOT KNOWINGLY OPERATE AN AUDIOVISUAL RECORDING FUNCTION OF A
DEVICE IN A MOTION PICTURE THEATER WITHOUT THE CONSENT OF:

(1) THE OWNER OR LESSEE OF THE THEATER; AND

(2) THE LICENSOR OF THE MOTION PICTURE BEING EXHIBITED.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any
reason in a court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act which can be given effect without the
invalid provision or application, and for this purpose the provisions of this Act are
declared severable.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved April 27, 2004.

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