Section 30-16B-1 – Short title.

Sections 1 through 9 [30-16B-1 to 30-16B-9 NMSA 1978] of this act may be cited as the “Unauthorized Recording Act”. History: Laws 1991, ch. 112, § 1.

Section 30-16B-2 – Definitions.

As used in the Unauthorized Recording Act: A. “audiovisual recording” means a recording on which images, including images accompanied by sound, are recorded or otherwise stored, including motion picture film, video cassette, video tape, video disc, other recording mediums or a copy that duplicates in whole or in part the original, but does not include […]

Section 30-16B-3 – Unauthorized recording; prohibited act; penalties.

A. It is unlawful for any person to: (1) knowingly transfer for sale or cause to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain without the consent of the owner; (2) transport […]

Section 30-16B-4 – Required labeling; penalties.

A. It is unlawful for any person for commercial advantage or private financial gain to advertise, offer for sale or resale, sell, resell, lease or possess for any of these purposes any recording that the person knows does not contain the true name of the manufacturer in a prominent place on the cover, jacket or […]

Section 30-16B-5 – Unauthorized recording of live performances; penalties.

A. It is unlawful for any person for commercial advantage or private financial gain to advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental or transportation of or possess for one or more of these purposes a recording of a live performance that has been recorded or fixed without the consent of […]

Section 30-16B-6 – Exemptions.

The provisions of the Unauthorized Recording Act do not apply to: A. any radio or television broadcaster who transfers any recording as part of, or in connection with, a radio or television broadcast transmission or for archival preservation; B. any recording defined as a public record of any court, legislative body or proceedings of a […]

Section 30-16B-7 – Construction.

Nothing in the Unauthorized Recording Act shall enlarge or diminish the rights of parties in private litigation. History: Laws 1991, ch. 112, § 7.

Section 30-16B-8 – Forfeitures; property subject.

Pursuant to the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978], the following are subject to forfeiture: A. all equipment, devices or articles that have been produced, reproduced, manufactured, distributed, dispensed or acquired in violation of the Unauthorized Recording Act; B. all devices, materials, products and equipment of any kind that are […]

Section 30-16B-9 – Forfeiture; procedure.

The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture under the Unauthorized Recording Act. History: Laws 1991, ch. 112, § 9; 2002, ch. 4, § 13. ANNOTATIONS The 2002 amendment, effective July 1, 2002, deleted the Subsection A designation; added […]