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Legal info on recording

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greenone:
From the New Jersey Code of Criminal Justice, section 2C:21-21:

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=195678&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={1809}&softpage=Document42


--- Quote ---    c. A person commits an offense who:
[...]
    (3) Knowingly manufactures or transfers, directly or indirectly by any means, or records or fixes a sound recording or audiovisual work, with the intent to sell or distribute for commercial advantage or private financial gain, a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner of the live performance.

[...]
    f. The provisions of this act shall not apply to:
[...]
    (2) Any person who, in his own home, for his own personal use, and without deriving any profit, transfers any sounds or images recorded on a sound recording or audiovisual work.

--- End quote ---

greenone:
Maryland:

http://mlis.state.md.us/asp/statutes_respond_2009.asp?article=gcr&section=7-308&Extension=HTML


--- Quote --- § 7-308.
Criminal Law
[...]
      (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:
[...]
            (2)      embodying a performance without the consent of the performer.

--- End quote ---

"Delivery" is defined earlier in the statute as "to sell, rent, distribute, or circulate." This would seem to indicate that even trading stealth tapes without the artist's permission is illegal in Maryland.

macdaddy:
nice work, greenone.

any info re: CA ..?

thegreatgumbino:
Looks like good info to add to the taper's manual being worked on around here.  It would be sweet to have the laws for all the states.  Comments?

BobW:

--- Quote from: greenone on July 28, 2004, 05:24:06 PM ---New Jersey represent... This link is actually to a bill to modify Title 2C:21-21, aka the New Jersey Anti-Piracy Act, but the non-underlined parts detail the law as it currently stands. 2C:21-21 does appear on the NJ Legislature web site, but the link is way too long and may be client-dependent, so I'm using this one instead.

http://www.njleg.state.nj.us/2004/Bills/S2000/1515_I1.HTM

In NJ, the consent of the artist is important, unlike New Hampshire.

--- End quote ---

I find it ironic that Bob Dylan sang, "In New Jersey anything is legal, as long as you don't get caught."

Thanks for the info.
Is verbal O.K. defensable ?  If you get it on tape ?    ;)

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