13-10-8. Failure to disclose the origin of a recording -- Penalty.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/9/2017

(1)For purposes of this section "recording" means:

(a)a tangible medium on which sounds or images are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other similar medium; or

(b)a copy or reproduction that duplicates the original in whole or in part.

(2)A person is guilty of failure to disclose the origin of a recording if:

(a)the person commits any of the following acts for commercial advantage or private financial gain:

(i)offers a recording for sale, resale, or rent;

(ii)sells, resells, rents, leases, or lends a recording; or

(iii)possesses a recording for any of the purposes described in Subsection (2)(a)(i) or

(ii); and

(b)the person knows that the recording does not contain the true name and address of the manufacturer in a prominent place on its cover, jacket, or label.

(3)A person who fails to disclose the origin of a recording under Subsection

(2)is guilty of:

(a)a felony of the third degree if the offense involves 100 or more recordings, or the commercial equivalent of 100 or more recordings, during a 180-day period or if the person has previously been convicted of a violation of this section;

(b)a class A misdemeanor if the offense involves at least 10 recordings and fewer than 100 recordings, or the commercial equivalent of at least 10 recordings and fewer than 100 recordings, during a 180-day period; or

(c)a class B misdemeanor if the offense involves fewer than 10 recordings or fewer than the commercial equivalent of 10 recordings.

(4)In addition to the penalties provided in Subsection

(3), a court may order a person who commits a violation of Subsection

(2)to forfeit any recordings in the person's possession that served as the basis for the violation of Subsection

(2).

Amended by Chapter 293 , 2017 General Session