Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 266 of the General Laws is hereby amended by striking out section 143, as appearing in the 1988 Official Edition, and inserting in place thereof the following six sections:-

Section 143. As used in sections one hundred and forty-three A to one hundred and forty-three E, inclusive, the following words shall have the following meanings:

"Article" or "recorded device", the tangible medium upon which sounds or images are recorded or otherwise stored, and shall include any original phonograph record, disc, wire, tape, audio or video cassette, film or other medium now known or later developed on which sounds or images may be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.

"Owner", the person or other entity who owns a master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on a phonograph record, disc, tape, film, videocassette or other article on which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived; provided, however, that nothing contained in sections one hundred and forty-three to one hundred forty-three E, inclusive, shall be construed to apply to any person lawfully entitled to use or cause to be used such sound for profit through public performance, who transfers or causes to be transferred any such sound as part of a radio or television broadcast or for archival preservation.

Section 143A. Whoever directly or indirectly by any means, knowingly transfers or causes to be transferred any sound recorded on a phonograph record, disc, wire, tape, film, videocassette or other article on which such sound is recorded, with intent to sell, rent or transport, or cause to be sold, rented or transported, or to use or cause to be used for profit through public performance such article on which such sound is so transferred, without the consent of the owner, or whoever sells any such article with the knowledge that the sound thereon has been so transferred without the consent of the owner, shall be punished as provided in section one hundred and forty-three D.

Section 143B. Whoever for commercial advantage or private financial gain records or causes to be recorded a live performance with knowledge that such recording is without the consent of the owner, or advertises, sells, rents, transports or causes to be advertised, sold, rented or transported, or possesses for any of such purposes, a recording of a live performance with the knowledge that the live performance was recorded without the consent of the owner, shall be punished as provided in section one hundred and forty-three D.

Section 143C. Whoever for commercial advantage or private financial gain knowingly manufactures, rents, sells, transports, or causes to be manufactured, rented, sold or transported, or possesses for purposes of sale, rental or transport, any recorded device the outside packaging of which does not clearly and conspicuously bear the true name and address of the transferor of the sounds or images contained thereon shall be punished as provided in section one hundred and forty-three D.

Section 143D. A person who violates the provisions of sections one hundred and forty-three to one hundred and forty-three C, inclusive, shall be punished as follows:

(i) If the offense involves not less than one thousand unlawful sound recordings or not less than sixty-five unlawful audio visual recordings, by imprisonment for not more than five years, or by a fine of not more than two hundred and fifty thousand dollars, or both such fine and imprisonment.

(ii) If the offense involves less than one thousand but not less than one hundred unlawful sound recordings, or less than sixty-five but not less than seven unlawful audio visual recordings, by imprisonment for not more than two years, or by a fine of not more than one hundred thousand dollars, or both such fine and imprisonment.

(iii) For any other offense not described in paragraph (i) or (ii), by imprisonment for not more than one year, or by a fine of not more than twenty-five thousand dollars, or both such fine and imprisonment.

Section 143E. Upon conviction of a person for a violation of sections one hundred and forty-three to one hundred and forty-three D, inclusive, the court may order the forfeiture, destruction, or other disposition of all recordings on which the conviction is based and all implements, devices and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based; provided, however, that such order shall be stayed pending any appeal.