2010 Mississippi Code
TITLE 97 - CRIMES
Chapter 23 - Offenses Affecting Trade, Business and Professions.
97-23-91 - Construction of Sections 97-23-87 through 97-23-91; private causes of action; confiscation of illegal recordings.

§ 97-23-91. Construction of Sections 97-23-87 through 97-23-91; private causes of action; confiscation of illegal recordings.
 

(1)  Except as otherwise provided in this section, the provisions of Sections 97-23-87 through 97-23-91 shall not be construed or interpreted to enlarge or diminish the rights of parties in civil litigation. Such sections shall not be construed or interpreted to apply to the transfer by a television operator, radio or television broadcaster, librarian or archivist of any such sounds (other than from the sound track of a motion picture) intended for, or in connection with, broadcast transmission, retransmission or related uses, or for archival purposes only. 

(2)  Any owner of a recorded article or device whose work is allegedly the subject of a violation of the provisions of Section 97-23-87 or 97-23-89 shall have a cause of action in the circuit courts of this state for all damages resulting therefrom, including actual, compensatory, incidental and punitive damages. 

(3)  Any lawful producer of a recorded article or device whose product is allegedly the subject of a violation of the provisions of Section 97-23-87 or 97-23-89 shall have a cause of action in the circuit courts of this state for all damages resulting therefrom, including actual, compensatory, incidental and punitive damages. 

(4)  It shall be the duty of any state, county or local law enforcement officer to confiscate all recorded articles and devices prohibited by the provisions of Sections 97-23-87 and 97-23-89 and all equipment and components used or intended to be used in the manufacture of the recordings prohibited by said sections. The law enforcement officer confiscating such materials and equipment shall deliver the prohibited recorded material, equipment and components to the State Attorney General or the appropriate local district attorney of the judicial district in which the confiscation was made, or cause the same to be stored in a safe place until such time as the court having jurisdiction over the confiscated recorded material and equipment shall determine the rights, if any, of any person in and to said confiscated materials and the appropriate disposition of such material and equipment. The provisions of this section shall apply to any prohibited recording, regardless of lack of knowledge or intent on the part of the person in possession of same to violate Section 97-23-87 or 97-23-89. 
 

Sources: Laws,  1974, ch. 527, § 3; Laws, 1992, ch. 556, § 3, eff from and after July 1, 1992.