Topic: Legal info on recording

[greenone]

Illinois has a specific provision for live recording in their antipiracy code:

http://www.ilga.gov/legislation/ilcs/documents/072000050K16-7.htm

(720 ILCS 5/16‑7) (from Ch. 38, par. 16‑7)
    Sec. 16‑7. Unlawful use of recorded sounds or images.
    (a) A person commits unlawful use of recorded sounds or images when he:
[...]
        (4) Intentionally, knowingly or recklessly transfers or causes to be transferred without the consent of the owner, any live performance with the purpose of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.

[greenone]

Indiana - see both IC 35-43-4-1 and IC 35-43-4-5:

http://www.in.gov/legislative/ic/code/title35/ar43/ch4.html

IC 35-43-4
     Chapter 4. Theft, Conversion, and Receiving Stolen Property

IC 35-43-4-1
Definitions
     Sec. 1.
[...]
    (b) Under this chapter, a person's control over property of another person is "unauthorized" if it is exerted:
[...]
        [8] by transferring or reproducing:
            (A) recorded sounds; or
            (B) a live performance;
without consent of the owner of the master recording or the live performance, with intent to distribute the reproductions for a profit.
[...]
IC 35-43-4-5
Defenses
     Sec. 5. [...]
    (c) A person who transfers or reproduces recorded sounds in connection with a broadcast or telecast, or for archival purposes, does not commit a crime under this chapter, even if he does not have the consent of the owner of the master recording.

It's unclear exactly what constitutes being the owner of the master recording of a live performance here - whether the owner is the performer or the recorder.

[greenone]

Haven't gotten the DATs but we have a mail room here (we live in a dorm at a boarding school) so it can be slowish at times.

Good point about that dealing with already-existing recordings. I did some further research on California (I'm not a lawyer either, but I'm both bored at work and persistent...heh) and a bit further down the page are 653s and 653u:

653s.  (a) Any person who transports or causes to be transported for
monetary or other consideration within this state, any article
containing sounds of a live performance with the knowledge that the
sounds thereon have been recorded or mastered without the consent of
the owner of the sounds of the live performance is guilty of a public
offense punishable as provided in subdivision (g) or (h).

653u.  (a) Any person who records or masters or causes to be
recorded or mastered on any article with the intent to sell for
commercial advantage or private financial gain, the sounds of a live
performance with the knowledge that the sounds thereon have been
recorded or mastered without the consent of the owner of the sounds
of  the live performance is guilty of a public offense punishable as
provided in subdivisions (d) and (e).

SO - it all hinges on what "transport" means (mail? car? just handing it to someone?), and whether trading constitutes "other consideration" in 653s. Because if you transport recordings made without the artist's permission for "other consideration", it's against the law. But if it's recorded with the artist's permission, you're in the clear.

[greenone]

Here's Michigan's law:

http://www.legislature.mi.gov/(S(ikdzxzfcjzvd5mqywaacsz3e))/mileg.aspx?page=getObject&objectName=mcl-752-1052

752.1052 Prohibited conduct; applicability of subsection (1)(a) and (b).
Sec. 2.
(1) A person shall not directly or indirectly do any of the following:
(a) Transfer a live performance onto a recording without the consent of the owner for commercial advantage or private financial gain.
[...]
(2) Subsection (1)(a) and (b) shall not apply to recordings that are transferred solely for the personal use of the person transferring the recording and the person does not derive any compensation from the transfer.

[greenone]

Wisconsin:

http://nxt.legis.state.wi.us/nxt/gateway.dll/Statutes%20Related/Wisconsin%20Statutes/16104/16133

943.208 Recording performance without consent of performance owner.

943.208(1)
(1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in sub. (2):
 
943.208(1)(a)
(a)  Creates a recording of a performance without consent of the performance owner and with intent to sell or rent the recording.

[greenone]

Tennessee:

http://michie.lexisnexis.com/tennessee/lpext.dll/tncode/11662/11bd7/11be1/11cb6?

39-14-139. Recorded device.
(c) (1)  It is unlawful for any person to knowingly manufacture, transfer, record or store on any recorded device, with the intent to sell for commercial advantage or financial gain, a live performance knowing the live performance was recorded or stored without the consent of the owner of the live performance. 
(2) It is unlawful for any person to knowingly advertise, sell, rent, transport or possess with the intent to sell, rent or transport, for commercial advantage or private financial gain, a recorded device containing a live performance knowing that the live performance has been recorded or stored without the consent of the owner of the live performance. 
(3) As used in this section, "live performance" means the recitation, rendering or playing of a series of images and/or musical, spoken or other sounds, in any audible sequence. 
[Acts 1989, ch. 591, § 1; 1990, ch. 1000, §§ 1-4.]

[greenone]

Kentucky:

http://www.lrc.state.ky.us/krs/434-00/445.pdf

434.445   Unauthorized reproduction and distribution of recorded article or device for sale or rent -- Exemption -- Confiscation and destruction -- Penalties.

(2) Any person who knowingly transfers or causes to be transferred to any phonograph record, disc, wire, tape, film, or other article, any performance, whether live before an audience or transmitted by wire or through the air by radio or television, with the intent to sell or cause to be sold for profit or used to promote the sale of any product, such article onto which such performance is or distributes, causes the distribution of, or possesses for one (1) or more of these purposes, to be transferred without the consent of the performer, shall be fined not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or confined in the penitentiary for not less than one (1) year nor more than five (5) years, or both. Each individual transfer or manufacture of such recorded article shall constitute a separate offense. For purposes of this section, a person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent.

[greenone]

North Carolina:

http://law.justia.com/northcarolina/codes/chapter_14/gs_14-433.html

§ 14‑433.  Recording of live performances or recorded sounds and distribution, etc., of such recordings unlawful in certain circumstances.

(a1)     It shall be unlawful for any person to:

(1)       Knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds at a live performance, with the intent to sell or cause to be sold, or to use or cause to be used for profit through public performance, the article on which sounds are so transferred, without consent of the owner.

[greenone]

South Carolina:

http://www.scstatehouse.net/code/t16c011.htm

SECTION 16-11-915. Prohibitions relative to live performances; persons considered proper witnesses; application of section.

(A) It is unlawful for a person to:

(1) advertise or offer for sale or resale, or sell or resell, or cause the sale or resale, or rent or cause the rental of, or transport or cause to be transported, or possess for any of these purposes for commercial advantage or private financial gain any article containing a live performance with the knowledge that the live performance has been fixed without the consent of the owner of the live performance; or

(2) record or fix or cause to be recorded or fixed on an article with the intent to sell for commercial advantage or private financial gain, the live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner of the live performance. The provisions of this item (2) shall not apply to reproduction in the home for private use and with no purpose of otherwise capitalizing commercially on the reproduction.

[greenone]

West Virginia:

http://law.justia.com/westvirginia/codes/61/wvc61-3-50.html

§61-3-50. Unauthorized transferral of recorded sounds; sale and possession; penalties; civil action; definition.
[...]
No person shall knowingly and willfully for commercial advantage or private financial gain 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 with the knowledge that the live performance has been recorded or fixed without the consent of the owner.

[greenone]

Virginia:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+59.1-41.2

§ 59.1-41.2. Recording of live concerts or recorded sounds and distribution, etc., of such recordings unlawful in certain circumstances.

It shall be unlawful for any person to:

1. Knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds at a live concert or any sounds recorded on a phonograph record, disc, wire, tape, film, videocassette, or other article now known or later developed on which sounds are recorded, with the intent to sell, rent or cause to be sold or rented, or to be used for profit through public performance, such article on which sounds are so transferred, without consent of the owner

[greenone]

Florida:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=CH0540/Sec11.HTM

(2)(a)  It is unlawful:

[...]

3.  Knowingly and willfully and without the consent of the performer, to transfer to or cause to be transferred to any phonograph record, disk, wire, tape, film, or other article any performance, whether live before an audience or transmitted by wire or through the air by radio or television, with the intent to sell, or cause to be sold, or to use or cause to be used for profit through public performance or to be used to promote the sale of any product or such article onto which such performance is so transferred.

[greenone]

Alabama:

http://www.legislature.state.al.us/CodeofAlabama/1975/13A-8-81.htm

Section 13A-8-81
Transfer, manufacture, distribution, etc., of certain sounds without consent prohibited; applicability; penalties; recording rights; evidence of performer's consent.

(a) It shall be a felony for any person to:

[...]

(2) Knowingly transfer or cause to be transferred, directly or indirectly, by any means, onto any phonograph record, disc, wire, tape, film, videocassette or other article now known or later developed, any live performance, for commercial advantage or private financial gain, without the consent of the owner; or

(3) Manufacture, distribute, transport or wholesale any article with the knowledge that the sounds or performances are so transferred without consent of the owner.

(b) The provisions of this section shall not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds other than from the sound track of a motion picture intended for, or in connection with broadcast or telecast transmission or related uses, or for archival purposes.

I'd be careful about point (3) - it seems to imply that intent to sell is not needed, just to distribute.

[greenone]

Mississippi:

http://www.mscode.com/free/statutes/97/023/0087.htm

SEC. 97-23-87. Unauthorized copying or sale of recordings.

[...]
(2)
[...]
(b) Any person who records, masters or causes to be recorded or mastered on any recorded article or device with the intent to sell, market or lease for commercial advantage or private financial gain, the sounds or images of a live performance, with the knowledge that the sounds or images so recorded have been recorded or mastered without the consent of the owner of the sounds of the live performance, is guilty of a felony

[greenone]

Louisiana:

http://www.legis.state.la.us/lss/lss.asp?doc=78370

§223.5.  Recording of performances without consent prohibited

Any person who, without the consent of the owner and for commercial gain, knowingly transfers or causes to be transferred to any article, or sells, distributes, circulates, or causes to be sold, distributed, or circulated, directly or indirectly, or possesses for such purposes, a recording of any performance whether live before an audience or transmitted by wire or through the air by radio or television with intent to sell or cause to be sold or used to promote the sale of any article or product within the state of Louisiana shall be guilty of a criminal offense and punished as provided in R.S. 14:223.3.