Page:United States Statutes at Large Volume 108 Part 6.djvu/407

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4975 ^§ 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances "(a) OFFENSE. — Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain— "(1) fixes the sounds or soimds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance fix)m an unauthorized fixation; "(2) transmits or otherwise conununicates to the public the sounds or sotmds and images of a five musical performance; or "(3) distributes or offers to distribute, sells or offers to seU, 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 imprisoned for not more than 5 years or fined in the amount set forth in this title, or both, or if the offense is a second or subsequent offense, shall be imprisoned for not more than 10 years or fined in the amount set forth in this title, or both. "(b) FORFEITURE AND DESTRUCTION.— When a person is convicted of a violation of subsection (a), the coiu*t snaU order the forfeiting and destruction of any copies or phonorecords created in violation thereof, as well as any plates, molds, matrices, masters, tapes, and film negatives by means of which such copies or phonorecords may be made. The coiut may also, in its discretion, order the forfeiture and destruction of any other equipment by means of which such copies or phonorecoras may be reproduced, taking into account the nature, scope, and proportionahty of the use of the equipment in the offense. "(c) SEIZURE AND FORFEITURE.—I f copies or phonorecords of sounds or soimds and images of a five musical performance are fixed outside of the United States without the consent of the performer or performers involved, such copies or phonorecords are subject to seizure and forfeiture in the United States in the same manner as property imported in violation of the customs laws. The Secretary of the Treasury shall, not later than 60 days after the date of the enactment of the Uruguay Round Agreements Act, issue regulations to carry out this subsection, including regulations by which any performer may, upon payment of a specified fee, be entitied to notification by the United States Customs Service of the importation of copies or phonorecords that appear to consist of imauthorized fixations of the sounds or sounds and images of a five musical performance. "(d) DEFINITIONS.— As used in this section— "(1) the terms 'copy*, fixed', 'musical work', 'phonorecord', 'reproduce', 'sound recordings', and 'transmif mean those terms within the meaning of title 17; and "(2) the term 'traffic in' means transport, transfer, or otherwise dispose of, to {mother, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of. "(e) 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".

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