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ARTICLE 275
OFFENSES RELATING TO UNAUTHORIZED RECORDING
Section 275.00 Definitions.
275.05 Manufacture of unauthorized recordings in the second degree.
275.10 Manufacture of unauthorized recordings in the first degree.
275.15 Manufacture or sale of an unauthorized recording of a
performance in the second degree.
275.20 Manufacture or sale of an unauthorized recording of a
performance in the first degree.
275.25 Advertisement or sale of unauthorized recordings in the second degree.
275.30 Advertisement or sale of unauthorized recordings in the first degree.
275.32 Unauthorized operation of a recording device in a motion
picture theater.
275.35 Failure to disclose the origin of a recording in the second degree.
275.40 Failure to disclose the origin of a recording in the first degree.
275.45 Limitations of application.
S 275.00 Definitions.
The following definitions are applicable to this article:
1. "Person" means any individual, firm, partnership, corporation or
association.
2. "Owner" means (a) the person who owns, or has the exclusive license
in the United States to reproduce or the exclusive license in the United
States to distribute to the public copies of the sounds fixed in a
master phonograph record, master disc, master tape, master film or any
other device used for reproducing sounds on phonograph records, discs,
tapes, films, videocassettes, or any other articles upon which sound is
recorded, and from which the transferred recorded sounds are directly
derived; or (b) the person who owns the rights to record or authorize
the recording of a live performance.
3. "Fixed" means embodied in a recording by or under the authority of
the author, so that the matter embodied is sufficiently permanent or
stable to permit it to be perceived, reproduced, or otherwise
communicated for a period of more than transitory duration.
4. "Performer" means the person or persons appearing in a performance.
5. "Performance" means, whether live before an audience or transmitted
by wire or through the air by radio or television, a recitation,
rendering, or playing of a series of images, musical, spoken, or other
sounds, or a combination of images and sounds, in an audible sequence.
6. "Recording" means an original phonograph record, disc, tape, audio
or video cassette, wire, film, or any other medium on such sounds,
images, or both sounds and images are or can be recorded or otherwise
stored, or a copy or reproduction that duplicates in whole or in part
the original.
S 275.05 Manufacture of unauthorized recordings in the second degree.
A person is guilty of the manufacture of unauthorized recordings in
the second degree when such person:
1. knowingly, and without the consent of the owner, transfers or
causes to be transferred any sound recording, with the intent to rent or
sell, or cause to be rented or sold for profit, or used to promote the
sale of any product, such article to which such recording was
transferred, or
2. transports within this state, for commercial advantage or private
financial gain, a recording, knowing that the sounds have been
reproduced or transferred without the consent of the owner; provided,
however, that this section shall only apply to sound recordings
initially fixed prior to February fifteenth, nineteen hundred
seventy-two.
Manufacture of unauthorized recordings in the second degree is a class
A misdemeanor.
S 275.10 Manufacture of unauthorized recordings in the first degree.
A person is guilty of manufacture of unauthorized recordings in the
first degree when he commits the crime of manufacture of unauthorized
recordings in the second degree as defined in section 275.05 of this
article and either:
1. has previously been convicted of that crime within the past five
years; or
2. commits that crime by the manufacture of one thousand unauthorized
sound recordings; provided, however, that this section shall only apply
to sound recordings initially fixed prior to February fifteenth,
nineteen hundred seventy-two.
Manufacture of unauthorized recordings in the first degree is a class
E felony.
S 275.15 Manufacture or sale of an unauthorized recording of a
performance in the second degree.
A person commits the crime of manufacture or sale of an unauthorized
recording of a performance in the second degree when he knowingly, and
without the consent of the performer, records or fixes or causes to be
recorded or fixed on a recording a performance, with the intent to sell
or rent or cause to be sold or rented such recording, or with the intent
to use such recording to promote the sale of any product; or when he
knowingly possesses, transports or advertises, for purposes of sale,
resale or rental or sells, resells, rents or offers for rental, sale or
resale, any recording that the person knows has been produced in
violation of this section.
Manufacture or sale of an unauthorized recording of a performance in
the second degree is a class A misdemeanor.
S 275.20 Manufacture or sale of an unauthorized recording of a
performance in the first degree.
A person commits the crime of unauthorized recording of a performance
in the first degree when he commits the crime of manufacture or sale of
an unauthorized recording of a performance in the second degree as
defined in section 275.15 of this article and either:
1. such person has previously been convicted of that crime within the
past five years; or
2. commission of that crime involves at least one thousand
unauthorized sound recordings or at least one hundred unauthorized
audio-visual recordings.
Manufacture or sale of an unauthorized recording of a performance in
the first degree is a class E felony.
S 275.25 Advertisement or sale of unauthorized recordings in the second degree.
A person is guilty of the advertisement or sale of unauthorized
recordings in the second degree when such person knowingly advertises,
offers for sale, resale, or rental, or sells, resells, rents,
distributes or possesses for any such purposes, any recording that has
been produced or transferred without the consent of the owner; provided,
however, that this section shall only apply to sound recordings
initially fixed prior to February fifteenth, nineteen hundred
seventy-two.
Advertisement or sale of unauthorized recordings in the second degree
is a class A misdemeanor.
S 275.30 Advertisement or sale of unauthorized recordings in the first degree.
A person is guilty of the advertisement or sale of unauthorized
recordings in the first degree when such person commits the crime of
advertisement or sale of unauthorized recordings in the second degree as
defined in section 275.25 of this article and either:
1. such person has previously been convicted of that crime within the
past five years; or
2. commission of that crime involves at least one thousand
unauthorized sound recordings or at least one hundred unauthorized
audiovisual recordings.
Advertisement and sale of unauthorized recordings in the first degree
is a class E felony.
S 275.32 Unauthorized operation of a recording device in a motion picture theater.
1. A person is guilty of unauthorized operation of a recording device
in a motion picture theater when without written authority or permission
from the operator of a motion picture theater, the person operates a
recording device in such theater.
2. As used in this section "recording device" means a photographic or
video camera, or any audio video recorder used for recording the sound
or picture of a motion picture, and "motion picture theater" means a
theater or other auditorium in which a motion picture is exhibited.
Unauthorized operation of a recording device in a motion picture
theater is a violation.
S 275.35 Failure to disclose the origin of a recording in the second degree.
A person is guilty of failure to disclose the origin of a recording in
the second degree when, for commercial advantage or private financial
gain, he knowingly advertises or offers for sale, resale, or rental, or
sells, resells, or rents, or possesses for such purposes, a recording
the cover, box, jacket or label does not clearly and conspicuously
disclose the actual name and address of the manufacturer or the name of
the performer or principal artist. The omission of the actual name and
address of the manufacturer, or the omission of the name of the
performer or principal artist, or the omission of both, shall constitute
the failure to disclose the origin of a recording.
Failure to disclose the origin of a recording in the second degree is
a class A misdemeanor.
S 275.40 Failure to disclose the origin of a recording in the first degree.
A person is guilty of failure to disclose the origin of a recording in
the first degree when such person commits the crime of failure to
disclose the origin of a recording in the second degree as defined in
section 275.35 of this article and commission of that crime involves at
least one thousand unauthorized sound recordings or at least one hundred
unauthorized audiovisual recordings.
Failure to disclose the origin of a recording in the first degree is a
class E felony.
S 275.45 Limitations of application.
1. This article does not apply to:
(a) any broadcaster who, in connection with or as part of a radio,
television, or cable broadcast transmission, or for the purpose of
archival preservation, transfers any such recorded sounds or images; or
(b) any person who transfers such sounds or images for personal use,
and without profit for such transfer.
2. This article shall neither enlarge nor diminish the rights of
parties in civil litigation.
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