2011 Kansas Code
Chapter 21. - CRIMES AND PUNISHMENTS
Article 37. - CRIMES AGAINST PROPERTY
21-3748 Piracy of recordings.

21-3748. Piracy of recordings. (a) Piracy of recordings is knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, or recording or causing to be recorded any live performance, with the intent to sell, rent or cause to be sold or rented, any such duplicated sounds or any such recorded performance, or to give away such duplicated sounds or recorded performance as part of a promotion for any product or service.

(b) For purposes of this section and K.S.A. 21-3750 and amendments thereto "owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles now known or later developed upon which sound is recorded or otherwise stored, and from which the duplicated recorded sounds are directly or indirectly derived, or the person who owns the right to record such live performance; and "computer program" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

(c) This section shall not apply to: (1) Any broadcaster who, in connection with or as part of a radio or television broadcast or cable transmission, or for the purpose of archival preservation, duplicates any such sounds recorded on a sound recording;

(2) any person who duplicates such sounds or such performance, for personal use, and without compensation for such duplication;

(3) any sounds initially fixed in a tangible medium of expression after February 15, 1972; or

(4) any computer program or any audio or visual recording that is part of any computer program.

Piracy of recordings is a severity level 9, nonperson felony.