§ 638:6-a — Dealing in Counterfeit Recordings

I. As used in this section, "original recording" means any article on which sounds or images, or both, have been recorded with the authorization of the holder of the copyright for the material recorded. "Counterfeit recording" means any article on which sounds or images, or both, have been copied from an original recording, without the authorization of the holder of the copyright for the material recorded.
II. Any person who sells or rents counterfeit recordings, or possesses counterfeit recordings for the purpose of sale or rental, shall be guilty of a class A misdemeanor if a natural person, or guilty of a class B felony if any other person. Each individual counterfeit recording shall constitute a separate offense.
III. Possession of 5 or more duplicate copies or 20 or more individual copies of counterfeit recordings shall create a rebuttable presumption that such recordings are intended for sale or distribution in violation of this section.

Legislative History

1995, 175:3, eff. Jan. 1, 1996.