§ 13-10-8 — Failure to disclose the origin of a recording -- Penalty.

(1) For purposes of this section "recording" means:

(1)(a) a tangible medium on which sounds or images are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other similar medium; or
(1)(b) a copy or reproduction that duplicates the original in whole or in part.
(2) A person is guilty of failure to disclose the origin of a recording if:

(2)(a) the person commits any of the following acts for commercial advantage or private financial gain:
(2)(a)(i) offers a recording for sale, resale, or rent;
(2)(a)(ii) sells, resells, rents, leases, or lends a recording; or
(2)(a)(iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or (ii); and
(2)(b) the person knows that the recording does not contain the true name and address of the manufacturer in a prominent place on its cover, jacket, or label.
(3) A person who fails to disclose the origin of a recording under Subsection (2) is guilty of:

(3)(a) a felony of the third degree if the offense involves 100 or more recordings, or the commercial equivalent of 100 or more recordings, during a 180-day period or if the person has previously been convicted of a violation of this section;
(3)(b) a class A misdemeanor if the offense involves at least 10 recordings and fewer than 100 recordings, or the commercial equivalent of at least 10 recordings and fewer than 100 recordings, during a 180-day period; or
(3)(c) a class B misdemeanor if the offense involves fewer than 10 recordings or fewer than the commercial equivalent of 10 recordings.
(4) In addition to the penalties provided in Subsection (3), a court may order a person who commits a violation of Subsection (2) to forfeit any recordings in the person's possession that served as the basis for the violation of Subsection (2).

Legislative History

Amended by Chapter 293, 2017 General Session