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[Utah Code Table of Contents]
[TITLE 13. Table of Contents]
13-10-1 Title of chapter.
This chapter is known as the "Unauthorized Recording Practices
Act."
1995
13-10-2 Purpose of chapter.
In enacting this chapter, it is the purpose of the Legislature
to prevent the piracy of recorded materials by making it
mandatory that certain copying of recorded materials be made
only with the express consent of the owner.
1995
13-10-3 Definitions.
As used in this chapter:
(1) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
(2) "Owner" means the person, corporation, partnership,
or business association who owns the sounds fixed in a master
phonograph record, master disc, master wire, master tape,
master film, or other device used for reproducing recorded
sounds on phonograph records, discs, wires, tapes, films,
or other articles or materials in which sound is recorded
and from which the transferred recorded sounds are directly
or indirectly derived.
1995
13-10-4 Prohibited practices.
It is unlawful for any individual, partnership, corporation, or association:
(1) to knowingly transfer or cause to be transferred, directly or indirectly, for sale or profit within this state, without the express consent of the owner, by any means, any sounds recorded on a phonographic record, disc, wire, tape, film, or other article or material on which sounds are recorded onto any other phonograph record, disc, wire, tape, film, article, or material;
(2) to sell, distribute, circulate, or offer for sale, distribution or circulation, or cause to be sold, distributed, circulated, or possess for the purpose of sale, distribution, or circulation, within the state, for a consideration, any phonograph record, disc, wire, tape, film, or other article or material onto which such sounds have been transferred, with the knowledge that the sounds thereon have been transferred without the express consent of the owner; or
(3) to knowingly rent, make available, or permit the use
of, or offer to rent, make available, or permit the use of,
for a fee, rental, or any other form of compensation, any
equipment or machinery for the purpose of enabling, aiding,
or causing another to transfer without the consent of the
owner any sounds recorded on a phonograph record, disc, wire,
tape, film, or other article or material onto any other phonograph
record, disc, wire, tape, film, article, or material.
1995
13-10-5 Exemptions.
(1) This chapter does not apply to:
(a) any person engaged in radio or television broadcasting or cable television who transfers, or causes to be transferred, any of the sounds referred to in Sections 13-10-3 and 13-10-4 (other than from the sound track of a motion picture) intended for, or in connection with, broadcast transmission or for archival purposes; or
(b) any person transferring any such sounds without any compensation being derived by this person or any other person from the transfer.
(2) This chapter shall neither enlarge nor diminish the
rights of parties in civil litigation.
1995
13-10-6 Violation a misdemeanor.
Each violation of Section
13-10-4
is a misdemeanor.
1995
13-10-7 Application of provisions.
Sections
13-10-1
through
13-10-6
apply only to recorded sounds that were initially
fixed before February 15, 1972.
1995
13-10-8 Failure to disclose the origin of a recording - Penalty.
(1) For purposes of this section "recording" means:
(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
(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:
(a) the person commits any of the following acts for commercial advantage or private financial gain:
(i) offers a recording for sale, resale, or rent;
(ii) sells, resells, rents, leases, or lends a recording; or
(iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or (ii); and
(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:
(a) a felony of the third degree if the offense involves 100 or more recordings during a 180-day period or if the person has previously been convicted of a violation of this section;
(b) a class A misdemeanor if the offense involves at least ten recordings but less than 100 recordings during a 180-day period; or
(c) a class B misdemeanor if the offense involves less than ten 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).
1995
