§ 5-37-510 — Unauthorized copying or sale of recordings

Arkansas § 5-37-510

• Jurisdiction: Arkansas
• Title: 5

Text

(a) As used in this section: (1) "Owner" means the person who owns the: (A) Original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing a sound on a recording upon which sound is recorded and from which the transferred recorded sound is directly derived; or (B) Right to record a live performance; (2) "Person" means any individual, firm, partnership, corporation, or association; and (3) "Recording" means the tangible medium on which sound or image is recorded or otherwise stored and includes any phonograph record, audio or video disc, audio or video tape, wire, film, or other medium now known or later developed on which a sound or image is recorded or otherwise stored. (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 a sound is 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 a sound or a performance has been transferred, knowing it to have been made without the consent of the owner. (c) It is unlawful for any person for commercial advantage or private financial gain to sell, distribute, circulate, offer for sale, distribution, or circulation, or possess for the purposes of sale, distribution, or circulation, any recording on which a sound or image has been transferred unless the recording bears the actual name and address of the transferor of the sound or image in a prominent place on the recording's outside face, label, cover, jacket, or package. (d) This section does not apply to any person who transfers or causes to be transferred any sound or image: (1) Intended for or in connection with radio or television broadcast transmission, for communication media, or a related use; (2) For an archival purpose; (3) For an educational purpose, with no compensation being derived as a result of the transfer; (4) For the internal operation of a business; (5) With prior authorization by a court of competent jurisdiction; or (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 a provision or intent of this section if proof of intent is an element of the offense. (e) (1) Upon conviction, any person violating a provision of this section is guilty of a Class A misdemeanor for the first offense involving fewer than one hundred (100) sound recordings or fewer than seven (7) audiovisual recordings. (2) For a subsequent offense, and for an offense involving one hundred (100) or more sound recordings or seven (7) or more audiovisual recordings, the person is guilty of a Class D felony and is subject to an additional fine not to exceed two hundred fifty thousand dollars ($250,000). (f) This section does not enlarge or diminish the right of a party in private litigation. (g) When a person is convicted of any violation of this section, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of any recording that does not conform to a requirement of this section and any implement, device, label, or equipment used in the manufacture of the recording. (h) (1) Upon discovery, it is the duty of any law enforcement officer to confiscate any recording that does not conform to a provision of this section. (2) It is the duty of law enforcement, by court order, to destroy or otherwise dispose of a recording described in subdivision (h)(1) of this section.

Legislative History

Acts 1977, No. 764, §§ 1, 2; A.S.A. 1947, §§ 41-2375, 41-2376; Acts 1991, No. 490, § 1; 1999, No. 1578, § 2; 2005, No. 1994, § 461.