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« 17 USC Sec. 1010 | Index | Chapter 12 »
17 USC Sec. 1101 - Unauthorized fixation and trafficking in sound recordings and music videos
(a) Unauthorized Acts. - Anyone who, without the consent of the
performer or performers involved -
(1) fixes the sounds or sounds and images of a live musical
performance in a copy or phonorecord, or reproduces copies or
phonorecords of such a performance from an unauthorized fixation,
(2) transmits or otherwise communicates to the public the
sounds or sounds and images of a live musical performance, or
(3) distributes or offers to distribute, sells or offers to
sell, rents or offers to rent, or traffics in any copy or
phonorecord fixed as described in paragraph (1), regardless of
whether the fixations occurred in the United States,
shall be subject to the remedies provided in sections 502 through
505, to the same extent as an infringer of copyright.
(b) Definition. - As used in this section, the term ''traffic
in'' means transport, transfer, or otherwise dispose of, to
another, as consideration for anything of value, or make or obtain
control of with intent to transport, transfer, or dispose of.
(c) Applicability. - This section shall apply to any act or acts
that occur on or after the date of the enactment of the Uruguay
Round Agreements Act.
(d) State Law Not Preempted. - Nothing in this section may be
construed to annul or limit any rights or remedies under the common
law or statutes of any State.
-SOURCE-
(Added Pub. L. 103-465, title V, Sec. 512(a), Dec. 8, 1994, 108
Stat. 4974.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of the Uruguay Round Agreements Act,
referred to in subsec. (c), is the date of enactment of Pub. L.
103-465, which was approved Dec. 8, 1994.
« 17 USC Sec. 1010 | Index | Chapter 12 »
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