17 U.S.C. § 1101 — Unauthorized fixation and trafficking in sound recordings and music videos
submitted 32 years ago by Pub. L. 103-465 to r/title-17-COPYRIGHTS · 205 words · no verdicts yet
This section makes certain unauthorized recording, copying, public transmission, and distribution of live musical performances subject to copyright remedies. It preserves State-law rights and applies to acts on or after the specified enactment date.
(a) Unauthorized acts. Without the performer’s consent, a person who records the sounds or sounds and images of a live musical performance, copies* from an unauthorized recording, publicly transmits or communicates the performance, or distributes, sells, rents, offers, or traffics in such a recording is subject to the remedies in sections 502 through 505 to the same extent as a copyright infringer. This applies whether the recording occurred inside or outside the United States. (b) “Traffic” has the meaning in section 2320(e) of title 18. (c) This section applies to acts occurring on or after the Uruguay Round Agreements Act was enacted. (d) This section does not cancel or limit common-law or statutory rights or remedies under State law.
Anyone who, without the consent of the performer or performers involved—
fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies* or phonorecords* of such a performance from an unauthorized fixation,
transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or
distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States,
shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright.
In this section, the term “traffic” has the same meaning as in section 2320(e) 1 of title 18.
This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.
Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State.
Source credit: (Added Pub. L. 103–465, title V, § 512(a), Dec. 8, 1994, 108 Stat. 4974; amended Pub. L. 109–181, § 2(c)(3), Mar. 16, 2006, 120 Stat. 288.)
- 1994Enacted · Pub. L. 103-465 · 108 Stat. 4974
- 2006Amended · Pub. L. 109-181 · 120 Stat. 288
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-465 on 1994-12-08.
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