Section 8 – Failure to disclose the origin of a recording — Penalty.

• (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