| 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. |