§ 18-4-601 — Definitions

As used in this part 6, unless the context otherwise
requires:

(1) Aggregate wholesale value means the average wholesale value of
lawfully manufactured and authorized sound or audio-visual recordings
corresponding to the number of nonconforming recorded articles involved in the
offense. Proof of the specific wholesale value of each nonconforming device shall
not be required.

(1.3) Article means a tangible medium on which sounds, images, or both are
recorded or otherwise stored, including 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 developed later on which sounds,
images, or both are or can be recorded or otherwise stored, or a copy or
reproduction that duplicates, in whole or in part, the original.

(1.5) Copyright means the ownership rights that accrue to an owner and
relate solely to the common law copyright accruing to such owner. The term
copyright does not include a federal copyright, which inures to the benefit of
owners pursuant to Public Law 92-140, as amended by Public Law 93-573, which
became effective February 15, 1972. For the purposes of this part 6, no common law
copyright shall exist for a period longer than fifty-six years after an original
copyright accrues to an owner.

(1.7) Manufacturer means the person who actually makes a recording or
causes a recording to be made. Manufacturer does not include a person who
manufactures a medium upon which sounds or images can be recorded or stored, or
who manufactures the cartridge or casing itself, unless such person actually makes
the recording or causes the recording to be made.

(2) Owner means the person who owns the copyright on the original
fixation of sounds embodied in the master phonograph record, master disc, master
tape, master film, or other device used for reproducing sounds on phonograph
records, discs, tapes, films, or other articles upon which sound is recorded and from
which the transferred recorded sounds are directly derived.

(3) Person means any individual, firm, partnership, corporation, or
association.

Legislative History

Source: L. 76: Entire part added, p. 553, � 1, effective July 1. L. 2009: (1) amended and (1.3), (1.5), and (1.7) added, (SB 09-036), ch. 185, p. 809, � 1, effective August 5.