CHAPTER 611

SENATE BILL NO. 371

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND SUBCHAPTER III, CHAPTER V, TITLE 11, DELAWARE CODE, ESTABLISHING CRIMINAL OFFENSES FOR THE EXPIRATING OF RECORDINGS AND ESTABLISHING PENALTIES THEREFOR.

Be it enacted by the General Assembly of the State of Delaware (t4o-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Subchapter III, Chapter V, Title 11, Delaware Code by adding a new Subpart to read as follows:

SUBPART J. OFFENSES RELATING TO RECORDED DEVICES

§920. Transfer of recorded sounds.

(a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principle place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29,1971, Geneva).

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 upon which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived.

(c) Violation of this Section shall constitute a Class E. Felony.

§921. Sale of Transferred Recorded Sounds.

No person shall knowingly, or with reasonable grounds to know, advertise, or offer for sale or resale, or sell or resell, distribute or posses for such purposes, any article that has been produced in violation of the provisions of §920 of this Chapter.

Violation of this section shall constitute a Class A Misdemeanor.

§0. Improper Labelling.

No person shall advertise or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the outside cover, box or jacket clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group.

Violation of this section shall constitute a Class C Misdemeanor.

§1. Exceptions. This subpart of this chapter shall not apply to:

(a) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of achival preservation, transfers any such sounds recorded on a sound recording.

(b) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer.

() Any phonograph record, disc, wire, tape, film, or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on his behalf.

§924. Civil Litigation.

This subpart of this chapter shall neither enlarge nor diminish the rights of parties in civil litigation.

Section 2. This Act shall become effective upon the approval of the Governor.

Approved July 22, 1976