HB 1133

1
A bill to be entitled
2An act relating to unauthorized copies of recordings;
3amending s. 540.11, F.S.; requiring that a person who
4violates state law regarding the unauthorized sale,
5resale, rental, or transportation of certain articles on
6which sounds are recorded pay restitution to the owner or
7lawful producer of the master recording, master disc,
8master tape, master videotape, master film, or other
9device or article from which sounds or visual images were
10derived or to the trade association representing such
11owner or lawful producer who suffered injury resulting
12from the violation; requiring that the order of
13restitution be based on the aggregate wholesale value of
14lawfully manufactured and authorized recorded devices
15corresponding to the nonconforming recorded devices
16involved in the offense, including investigative costs
17relating to the offense; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (3) of section 540.11, Florida
22Statutes, is amended to read:
23     540.11  Unauthorized copying of phonograph records, disk,
24wire, tape, film, or other article on which sounds are
25recorded.--
26     (3)(a)  It is unlawful:
27     1.  To sell or offer for sale or resale, advertise, cause
28the sale or resale of, rent, transport or cause to be rented or
29transported, or possess for any of these purposes any article
30with the knowledge, or with reasonable grounds to know, that the
31sounds thereon have been transferred without the consent of the
32owner.
33     2.  To sell or offer for sale or resale, advertise, cause
34the sale or resale of, rent, transport or cause to be rented or
35transported, or possess for any of these purposes any article
36embodying any performance, whether live before an audience or
37transmitted by wire or through the air by radio or television,
38which was recorded without the consent of the performer.
39     3.  Knowingly, for commercial advantage or private
40financial gain to sell or resell, offer for sale or resale,
41advertise, cause the sale or resale of, rent, transport or cause
42to be rented or transported, or possess for such purposes, any
43phonograph record, disk, wire, tape, film, or other article on
44which sounds are recorded, unless the outside cover, box, or
45jacket clearly and conspicuously discloses the actual name and
46address of the manufacturer thereof, and the name of the actual
47performer or group.
48     (b)1.  A person who violates paragraph (a) commits a felony
49of the third degree, punishable as provided in s. 775.082, by a
50fine of up to $250,000, or both if the offense involves at least
511,000 unauthorized articles embodying sound or at least 65
52unauthorized audiovisual articles during any 180-day period or
53is a second or subsequent conviction under either this
54subparagraph or subparagraph 2. of this subsection.
55     2.  A person who violates paragraph (a) commits a felony of
56the third degree, punishable as provided in s. 775.082, by a
57fine of up to $150,000, or both if the offense involves more
58than 100 but less than 1,000 unauthorized articles embodying
59sound or more than 7 but less than 65 unauthorized audiovisual
60articles during any 180-day period.
61     3.  A person who otherwise violates this subsection commits
62a misdemeanor of the first degree, punishable as provided in s.
63775.082, by a fine of up to $25,000, or both.
64     4.  A person who violates paragraph (a) shall be required
65to make restitution to the owner or lawful producer of a master
66recording, master disc, master tape, master videotape, master
67film, or other device or article from which sounds or visual
68images were derived who suffered injury resulting from the
69violation or to the trade association representing such owner or
70lawful producer. The order of restitution shall be based on the
71aggregate wholesale value of lawfully manufactured and
72authorized recorded devices corresponding to the nonconforming
73recorded devices involved in the offense and shall include
74investigative costs relating to the offense.
75     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.