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2017 Maryland Code
Criminal Law
Title 7 - Theft and Related Crimes
Subtitle 3 - Crimes Involving Telecommunications and Electronics
Part II - Recorded Articles
§ 7-308. Prohibited transfer of recorded sounds or images
Universal Citation: MD Crim Law Code § 7-308 (2017)
- (a) Definitions. --
- (1) In this section the following words have the meanings indicated.
- (2) "Deliver" means to sell, rent, distribute, or circulate.
- (3) "Performance" includes a live performance and a performance that is transmitted by wire, radio, or television.
- (4) "Recorded article" means a phonograph record, disc, wire, tape, film, videocassette, or other article on which sounds are recorded or otherwise stored.
- (b) Transfer without consent of sound recordings initially fixed before February 15, 1972. --
- (1) This subsection applies only to sound recordings initially fixed before February 15, 1972.
- (2) Except as otherwise provided in this section, a person may not knowingly transfer or cause to be transferred any sounds recorded on a recorded article to any other recorded article:
- (i) with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and
- (ii) without the consent of the owner of the original fixation of sounds embodied in the master recorded article.
- (c) Delivery of a recorded article or device without consent. -- Except as otherwise provided in this section, a person may not knowingly deliver, offer for delivery, possess for delivery, cause to be delivered, cause to be offered for delivery, or cause to be possessed for delivery a recorded article or device:
- (1) on which sounds have been transferred without the consent of the owner of the original fixation of sounds embodied in the master recorded article; or
- (2) embodying a performance without the consent of the performer.
- (d) Transfer of sound or images without consent and without credit. --
- (1) Except as otherwise provided in this section, a person may not knowingly transfer to or cause to be transferred to a recorded article on which sounds or images have been transferred or stored any performance:
- (i) with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and
- (ii) without the consent of the performer.
- (2) A person may not knowingly deliver, offer for delivery, or possess for the purpose of delivery a recorded article on which sounds or images have been transferred or stored, unless the recorded article bears in a prominent place on its outside face or package:
- (i) the actual name and street address of the transferor of the sounds or images; and
- (ii) the actual name of the performer or group.
- (1) Except as otherwise provided in this section, a person may not knowingly transfer to or cause to be transferred to a recorded article on which sounds or images have been transferred or stored any performance:
- (e) Operating audiovisual recording function of device in motion picture theater without consent. -- Except in the lobby area of a motion picture theater, a person may not knowingly operate an audiovisual recording function of a device in a motion picture theater without the consent of the owner or lessee of the theater.
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