Topic: Legal info on recording

[greenone]

Arkansas:

long link

   5-37-510. Unauthorized copying or sale of recordings.

[...]

(b)  It is unlawful for any person for commercial advantage or private financial gain knowingly to:

(1)  Transfer or cause to be transferred any sound recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, or any live performance, onto any recording without the consent of the owner; or

(2)  Sell, distribute, circulate, offer for sale, distribution, or circulation, possess for the purpose of sale, distribution, or circulation, cause to be sold, distributed, or circulated, offered for sale, distribution, or circulation, or possessed for sale, distribution, or circulation, any recording on which sounds or a performance have been transferred, knowing it to have been made without the consent of the owner.
[...]
(d)  This section does not apply to any person who transfers or causes to be transferred any such sounds or images:

(6)  Solely for the personal use of the person transferring or causing the transfer if the person transferring or causing the transfer has no intention to evade the provisions or intent of this section, provided that proof of intent shall be an element of the offense.

So apparently, if you accidentally tape something in Arkansas, it's not illegal...but if you intended to, you might have a problem.

[greenone]

Missouri:

http://www.moga.mo.gov/statutes/C500-599/5700000226.HTM

Unauthorized recording for profit prohibited.

570.226. No person shall, without the consent of the owner, transfer or cause to be transferred to any phonograph record, disc, wire, tape, film, videocassette, or other article or medium now known or later developed on which sounds or images are recorded or otherwise stored, 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.

[greenone]

North Dakota:

http://www.legis.nd.gov/cencode/t47c211.pdf

CHAPTER 47-21.1
SOUND RECORDINGS
[...]
47-21.1-02. Unauthorized transfer of recorded sound or the recording of any
performance prohibited. It is hereby declared unlawful for any person to knowingly:
[...]
2.
And without the consent of the performer, transfer to or cause 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 so transferred.
[...]
4.
Or with reasonable grounds to know, sell or resell, distribute or possess for such
purposes, any phonograph record, disc, wire, tape, film, or other article embodying
any performance, whether live before an audience, or transmitted by wire or through
the air by radio or television, recorded without the consent of the performer.

It's not clear if "distribute" in point 4 refers to commercial gain or not.

[greenone]

Kansas:

http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/21-3748.html

       21-3748.   Piracy of recordings. (a) Piracy of recordings is knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, or recording or causing to be recorded any live performance, with the intent to sell, rent or cause to be sold or rented, any such duplicated sounds or any such recorded performance, or to give away such duplicated sounds or recorded performance as part of a promotion for any product or service.
[...]
      (c)   This section shall not apply to:
[...]
      (2)   any person who duplicates such sounds or such performance, for personal use, and without compensation for such duplication

[greenone]

Oklahoma:

http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.21/21-1978.html

§21-1978.
   
   A. It shall be unlawful for any person to knowingly and without the
   written consent of the owner, transfer or cause to be transferred to
   any article or sound recording or otherwise reproduce for sale, 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 article
   or product.

[greenone]

New Mexico:

http://law.justia.com/newmexico/codes/nmrc/jd_30-16b-5-c853.html

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 the owner.

[greenone]

Wyoming:

http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title40/T40CH13.htm

40‑13‑202.  Prohibited acts.

(a)  No person shall:
[...]
(ii)  Knowingly and without the consent of the performer or his agent, transfer to or cause 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 intent to sell or to cause to be sold for profit or used to promote the sale of any product, the article on which the performance is transferred.

[greenone]

Montana:

http://data.opi.state.mt.us/bills/mca/30/13/30-13-142.htm

     30-13-142. Unauthorized manufacture of sound recordings prohibited.
[...]
     (2) No person may knowingly and without the consent of the performer transfer or cause to be transferred to any sound recording 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 to be used to promote the sale of any product such sound recording onto which such performance is so transferred.

[greenone]

Arizona:

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/03705.htm&Title=13&DocType=ARS

13-3705. Unlawful copying or sale of sounds or images from recording devices; true name and address of articles; definitions; classification

A. A person commits unlawful copying or sale of sounds or images from recording devices by knowingly:
[...]
5. Transferring or causing to be transferred to an article any performance, whether live before an audience or transmitted by wire or through the air by radio or television without the consent of the owner and with the intent to obtain commercial advantage or personal financial gain.

[greenone]

Oregon:

http://www.leg.state.or.us/ors/164.html (long page, almost all the way at the bottom)

      164.869 Unlawful recording of a live performance. (1) A person commits unlawful recording of a live performance if the person:

      (a)(A) Advertises or offers for sale, sells, rents, transports, or causes the sale, resale, rental or transportation of, or possesses for one or more of these purposes, a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or

      (B) With the intent to sell, records or fixes, or causes to be recorded or fixed on a recording, a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; and

      (b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.

[greenone]

Washington:

http://apps.leg.wa.gov/RCW/default.aspx?cite=19.25.030

RCW 19.25.030
Use of recording of live performance without consent of owner unlawful -- Fine and penalty.

(1) A person commits an offense if the person:

     (a) For commercial advantage or private financial gain advertises, offers for sale, sells, rents, transports, causes the sale, resale, rental, or transportation of or possesses 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; or

[dmonterisi]

A huge thanks for collecting this info.

[dmbfan36_23]

As of 2/14/05 Massachusetts has seriously increased the penalty for being caught:

http://www.mass.gov/legis/laws/mgl/266-143b.htm

Chapter 266: Section 143B Unauthorized reproduction and sale of live performances

[ Text of section effective until February 14, 2005. For text effective February 14, 2005, see below.]

  Section 143B. Whoever for commercial advantage or private financial gain records or causes to be recorded a live performance with knowledge that such recording is without the consent of the owner, or advertises, sells, rents, transports or causes to be advertised, sold, rented or transported, or possesses for any of such purposes, a recording of a live performance with the knowledge that the live performance was recorded without the consent of the owner, shall be punished as provided in section one hundred and forty-three D.

[ Text of section as amended by 2004, 395, Sec. 3 effective February 14, 2005. For text effective until February 14, 2005, see above.]

  Section 143B. Whoever for commercial advantage or private financial gain records or causes to be recorded a live performance with knowledge that such recording is without the consent of the owner, or advertises, sells, rents, transports or causes to be advertised, sold, rented or transported, or possesses for any of such purposes, a recording of a live performance with the knowledge that the live performance was recorded without the consent of the owner, shall be punished as provided in section 143E.

http://www.mass.gov/legis/laws/mgl/266-143e.htm

Chapter 266: Section 143E Forfeitures or destruction of unauthorized recordings upon conviction

[ Text of section effective until February 14, 2005. For text effective February 14, 2005, see below.]

  Section 143E. Upon conviction of a person for a violation of sections one hundred and forty-three to one hundred and forty-three D, inclusive, the court may order the forfeiture, destruction, or other disposition of all recordings on which the conviction is based and all implements, devices and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based; provided, however, that such order shall be stayed pending any appeal.

[ Text of section as amended by 2004, 395, Sec. 5 effective February 14, 2005. For text effective until February 14, 2005, see above.]

  Section 143E. Whoever violates any provision of section 143A to section 143C, inclusive, shall be punished:

  (i) by imprisonment for not more than 1 year in the house of correction or by a fine of not more than $25,000, or by both such fine and imprisonment;

  (ii) by imprisonment in the house of correction for not more than 2 years or by a fine of not more than $100,000, or by both such fine and imprisonment if the offense involves less than 1,000 but not less than 100 unlawful sound recordings or less the 65 but not less than 7 unlawful audio visual recordings; or

  (iii) by imprisonment in state prison for not more than 5 years or by a fine of not more than $250,000, or by both such fine and imprisonment if the offense involves not less than 1,000 unlawful sound recordings or not less than 65 unlawful audio visual recordings.

[Humbug]

United Kingdom:

I've been wondering about this for a long time, and asked a lawyer friend of mine to look into it for me:

As far as covert recording of shows goes, as far as I know this is not
a criminal offence - the police would therefore be reluctant to get
involved unless there was a serious breach of the peace, as they would
consider this to be a purely civil matter..

Apart from being ejected from the premises, I don't believe there is
any power for venues to seize recording equipment as technically this
would constitute theft on their part ie. an intention to permanently
deprive you of your property. Although they would probably request you
to erase the recorded material in front of them, in order to convince
them not to take legal action against you in the civil courts..

Provided you do this, then no further action should be taken against
you. Then again, you record shows so surreptitiously I can't imagine
you ever getting caught in the first place..

I know theres no articles specified, but this is as good as I've got so far!

[The Kilted Taper]

  Section 143B. Whoever for commercial advantage or private financial gain records or causes to be recorded a live performance with knowledge that such recording is without the consent of the owner, or advertises, sells, rents, transports or causes to be advertised, sold, rented or transported, or possesses for any of such purposes, a recording of a live performance with the knowledge that the live performance was recorded without the consent of the owner, shall be punished as provided in section one hundred and forty-three D.

OK, wouldn't there be a loop-hole that we do not do this for commercial or private financial gain? I"m no lawyer, but to me there is plenty of proof that I and the majority of us here don't do it for money. Just curious.