1 | A bill to be entitled |
2 | An act relating to unauthorized copies of recordings; |
3 | amending s. 540.11, F.S.; requiring that a person who |
4 | violates state law regarding the unauthorized sale, |
5 | resale, rental, or transportation of certain articles on |
6 | which sounds are recorded pay restitution to the owner or |
7 | lawful producer of the master recording, master disc, |
8 | master tape, master videotape, master film, or other |
9 | device or article from which sounds or visual images were |
10 | derived or to the trade association representing such |
11 | owner or lawful producer who suffered injury resulting |
12 | from the violation; requiring that the order of |
13 | restitution be based on the aggregate wholesale value of |
14 | lawfully manufactured and authorized recorded devices |
15 | corresponding to the nonconforming recorded devices |
16 | involved in the offense, including investigative costs |
17 | relating to the offense; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Subsection (3) of section 540.11, Florida |
22 | Statutes, is amended to read: |
23 | 540.11 Unauthorized copying of phonograph records, disk, |
24 | wire, tape, film, or other article on which sounds are |
25 | recorded.-- |
26 | (3)(a) It is unlawful: |
27 | 1. To sell or offer for sale or resale, advertise, cause |
28 | the sale or resale of, rent, transport or cause to be rented or |
29 | transported, or possess for any of these purposes any article |
30 | with the knowledge, or with reasonable grounds to know, that the |
31 | sounds thereon have been transferred without the consent of the |
32 | owner. |
33 | 2. To sell or offer for sale or resale, advertise, cause |
34 | the sale or resale of, rent, transport or cause to be rented or |
35 | transported, or possess for any of these purposes any article |
36 | embodying any performance, whether live before an audience or |
37 | transmitted by wire or through the air by radio or television, |
38 | which was recorded without the consent of the performer. |
39 | 3. Knowingly, for commercial advantage or private |
40 | financial gain to sell or resell, offer for sale or resale, |
41 | advertise, cause the sale or resale of, rent, transport or cause |
42 | to be rented or transported, or possess for such purposes, any |
43 | phonograph record, disk, wire, tape, film, or other article on |
44 | which sounds are recorded, unless the outside cover, box, or |
45 | jacket clearly and conspicuously discloses the actual name and |
46 | address of the manufacturer thereof, and the name of the actual |
47 | performer or group. |
48 | (b)1. A person who violates paragraph (a) commits a felony |
49 | of the third degree, punishable as provided in s. 775.082, by a |
50 | fine of up to $250,000, or both if the offense involves at least |
51 | 1,000 unauthorized articles embodying sound or at least 65 |
52 | unauthorized audiovisual articles during any 180-day period or |
53 | is a second or subsequent conviction under either this |
54 | subparagraph or subparagraph 2. of this subsection. |
55 | 2. A person who violates paragraph (a) commits a felony of |
56 | the third degree, punishable as provided in s. 775.082, by a |
57 | fine of up to $150,000, or both if the offense involves more |
58 | than 100 but less than 1,000 unauthorized articles embodying |
59 | sound or more than 7 but less than 65 unauthorized audiovisual |
60 | articles during any 180-day period. |
61 | 3. A person who otherwise violates this subsection commits |
62 | a misdemeanor of the first degree, punishable as provided in s. |
63 | 775.082, by a fine of up to $25,000, or both. |
64 | 4. A person who violates paragraph (a) shall be required |
65 | to make restitution to the owner or lawful producer of a master |
66 | recording, master disc, master tape, master videotape, master |
67 | film, or other device or article from which sounds or visual |
68 | images were derived who suffered injury resulting from the |
69 | violation or to the trade association representing such owner or |
70 | lawful producer. The order of restitution shall be based on the |
71 | aggregate wholesale value of lawfully manufactured and |
72 | authorized recorded devices corresponding to the nonconforming |
73 | recorded devices involved in the offense and shall include |
74 | investigative costs relating to the offense. |
75 | Section 2. This act shall take effect July 1, 2008. |