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Texas Laws | Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 14. RECORDINGS

(2) "Live performance" means a recitation, rendering, or playing of a series, in an audible sequence, of: (12939)

(A) images; (12940)

(B) musical, spoken, or other sounds; or (12941)

(C) a combination of images and sounds. (12942)

(3) "Owner" means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film, or other recording: (12943)

(A) on which sound is recorded; and (12944)

(B) from which the transferred recorded sounds are directly or indirectly derived. (12945)

(4) "Recording" means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including: (12946)

(A) an original phonograph record, disc, tape, audio or video cassette, wire, film, memory card, flash drive, hard drive, data storage device, or other medium now existing or later developed; or (12947)

(B) a copy or reproduction that wholly or partly duplicates the original. (12948)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12949)

Amended by: (12950)

Acts 2017, 85th Leg., R.S., Ch. 913 (S.B. 1343), Sec. 2, eff. September 1, 2017. (12951)

Sec. 641.051. UNAUTHORIZED DUPLICATION OF CERTAIN RECORDINGS. (12952)(Text)

(a) This section applies only to a recording that was initially fixed before February 15, 1972. (12953)

(b) A person commits an offense if the person: (12954)

(1) knowingly reproduces for sale or causes to be transferred any recording with intent to sell the recording or cause the recording to be sold or use a recording or cause the recording to be used for commercial advantage or private financial gain through public performance without the consent of the owner; (12955)

(2) with the knowledge that the sounds on a recording have been reproduced or transferred without the consent of the owner, transports the recording within this state for commercial advantage or private financial gain; or (12956)

(3) with the knowledge that a recording has been reproduced or transferred without the consent of the owner: (12957)

(A) advertises, offers for sale, sells, or rents the recording; (12958)

(B) causes the sale, resale, or rental of the recording; or (12959)

(C) possesses the recording for a purpose described by Paragraph (A) or (B). (12960)

(c) An offense under this section is punishable by: (12961)

(1) imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if: (12962)

(A) the offense involves at least 1,000 unauthorized recordings during a 180-day period; or (12963)

(B) the defendant has been previously convicted under this section; (12964)

(2) imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than 100 but fewer than 1,000 unauthorized recordings during a 180-day period; or (12965)

(3) confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2). (12966)

(d) This section does not apply to any fees due to the American Society of Composers, Authors and Publishers. (12967)

(e) This section does not apply to a person engaged in radio or television broadcasting who transfers, or causes to be transferred, a recording: (12968)

(1) intended for or in connection with a radio or television broadcast; or (12969)

(2) for archival purposes. (12970)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12971)

Amended by: (12972)

Acts 2013, 83rd Leg., R.S., Ch. 285 (H.B. 1043), Sec. 1, eff. June 14, 2013. (12973)

Sec. 641.052. UNAUTHORIZED RECORDING OF LIVE PERFORMANCE. (12974)(Text)

(a) A person commits an offense if the person, with the knowledge that a live performance has been recorded or fixed without the consent of the owner: (12975)

(1) for commercial advantage or private financial gain, advertises, offers for sale, sells, rents, or transports, causes the sale, resale, rental, or transportation of, or possesses for one or more of these purposes a recording containing sounds of the live performance; or (12976)

(2) with the intent to sell for commercial advantage or private financial gain, records or fixes the live performance, or causes the live performance to be recorded or fixed on a recording. (12977)

(b) An offense under this section is punishable by: (12978)

(1) imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if: (12979)

(A) the offense involves at least 1,000 unauthorized recordings embodying sound or at least 65 unauthorized audiovisual recordings during a 180-day period; or (12980)

(B) the defendant has been previously convicted under this section; (12981)

(2) imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than 100 but fewer than 1,000 unauthorized recordings embodying sound or more than seven but fewer than 65 unauthorized audiovisual recordings during a 180-day period; or (12982)

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