act-1996-0-194•Pennsylvania Act 1996-194 — CRIMES CODE (18 PA.C.S.) - AMEND
Pennsylvania Act 1996-194 — CRIMES CODE (18 PA.C.S.) - AMEND
act-1996-0-1941996 Pa. Act 194Law
Act text
CRIMES CODE (18 PA.C.S.) - AMEND
Act of Dec. 20, 1996, P.L. 1499, No. 194 Cl. 18
Session of 1996
No. 1996-194
HB 2295
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for copying and
recording devices; and providing for unlawful operation of a
recording device in a motion picture theater.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4116 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4116. Copying; recording devices.
(a) [Definition.--As used in this section "owner" means the]
Definitions.--As used in this section, the following words and
phrases shall have the meanings given to them in this
subsection:
"Manufacturer." The person or entity which authorized or
caused the recording or transfer of sounds, images or a
combination of sounds and images to the recorded device in
issue. The term shall not include the manufacturer of the
cartridge or casing itself.
"Owner." The person who owns the master phonograph record,
master disc, master tape, master film or other device used for
reproducing recorded sounds on phonograph records, discs, tapes,
films or other articles on which sound is recorded and from
which the transferred sounds are directly or indirectly derived.
"Recorded device." Any phonograph record, disc, tape, film,
videotape, video cassette or other tangible article, now known
or later developed, upon which sounds or images or any
combination of sounds and images are recorded.
(b) Unauthorized transfer of sounds on recording devices.--
It shall be unlawful for any person to:
(1) 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 on
which sounds are recorded, with the intent to sell or cause
to be sold, or to be used for profit through public
performance, such article on which sounds are so transferred,
without consent of the owner; or
(2) manufacture, distribute or wholesale any article
with the knowledge that the sounds are so transferred,
without consent of the owner.
(c) Exceptions.--
(1) Subsection (b) shall not apply to any person engaged
in radio or television broadcasting who transfers, or causes
to be transferred, any such sounds other than from the sound
track of a motion picture intended for, or in connection with
broadcast or telecast transmission or related uses, or for
archival purposes.
(2) Subsection (b) shall not apply to motion pictures or
to sound recordings fixed on or after February 15, 1972.
(d) [Retail] Manufacture, sale or rental of illegal
recording or recorded devices.--[It shall be unlawful for any
person to knowingly retail or possess for the purpose of
retailing any recorded device that has been produced,
manufactured, distributed, or acquired at wholesale in violation
of any provision of this section.] It shall be unlawful for any
person to knowingly manufacture, transport, sell, resell, rent,
advertise or offer for sale, resale or rental, or cause the
manufacture, sale, resale or rental, or possess for such purpose
or purposes any recorded device in violation of this section.
(d.1) Manufacture, sale or rental of a recording of a live
performance without consent of the owner.--
(1) It shall be unlawful for any person to knowingly
manufacture, transport, sell, resell, rent, advertise or
offer for sale, resale or rental or cause the manufacture,
sale, resale or rental or possess for such purpose or
purposes any recording of a live performance with the
knowledge that the live performance has been recorded without
the consent of the owner.
(2) In the absence of a written agreement or law to the
contrary, the performer or performers of a live performance
are presumed to own the rights to record those sounds.
(3) For purposes of this section, a person who is
authorized to maintain custody and control over business
records that reflect whether or not the owner of the live
performance consented to having the live performance recorded
is a competent witness in a proceeding regarding the issue of
consent.
(e) Name of manufacturer on recorded device packaging.--
Every recorded device [sold] manufactured, transported, rented,
sold, offered for sale or rental, or transferred or possessed
for [the purpose of sale by any manufacturer, distributor, or
wholesale or retail merchant] such purpose or purposes by any
person shall contain on its packaging or label the true name of
the manufacturer. [The term "manufacturer" shall not include the
manufacturer of the cartridge or casing itself.]
(f) Confiscation of non-conforming recorded devices.--It
shall be the duty of all law enforcement officers, upon
discovery, to confiscate all recorded devices that do not
conform to the provisions of subsection (e). The non-conforming
recorded devices shall be delivered to the district attorney of
the county in which the confiscation was made. The officer
confiscating the recorded devices shall provide to the person
from whom the recorded devices were confiscated notice that the
person may request a hearing concerning the confiscation and
disposition of the devices. Thereafter, the district attorney
[by] may seek a court order [may give the same to a charitable
or educational organization.] for destruction of the recorded
devices. The provisions of this section shall apply to any non-
conforming recorded device, regardless of the requirement in
subsection (d) of knowledge or intent [of a retail seller].
[(g) Separation and grading of offenses.--Every individual
manufacture, distribution, or sale or transfer at wholesale of
such recorded devices in contravention of the provisions of this
section constitutes a separate offense. An offense under this
section is a misdemeanor of the first degree.]
(g) Grading of offenses.--
(1) Any violation of the provisions of this section
involving, within any 180-day period, at least 100 devices
upon which motion pictures or portions thereof have been
recorded or at least 1,000 devices containing sound
recordings or portions thereof is a felony of the third
degree. A second or subsequent conviction is a felony of the
second degree if at the time of sentencing the defendant has
been convicted of another violation of this section.
(2) Any other violation of the provisions of this
section not described in paragraph (1) upon a first
conviction is a misdemeanor of the first degree and upon a
second or subsequent conviction is a felony of the third
degree if at the time of sentencing the defendant has been
convicted of another violation of this section.
(h) Rights of owners and producers to damages.--
(1) Any owner of a recorded device whose work is
allegedly the subject of a violation of the provisions of
subsection (b), (d) or (e) shall have a cause of action for
all damages resultant therefrom, including actual and
punitive damages.
(2) Any lawful producer of a recorded device whose
product is allegedly the subject of a violation of the
provisions of subsection (b), (d) or (e) shall have a cause
of action for all damages resultant therefrom, including
actual and punitive damages.
(3) Upon conviction for any offense under this section,
the offender may be sentenced to make restitution to any
owner or lawful producer of a recorded device or any other
person who suffered injury resulting from the crime.
Notwithstanding any limitation in section 1106 (relating to
restitution for injuries to person or property), the order of
restitution may be based on the aggregate wholesale value of
lawfully manufactured and authorized recorded devices
corresponding to the non-conforming recorded devices involved
in the offense. All other provisions of section 1106 not
inconsistent with this provision shall apply to an order of
restitution under this section.
(i) Forfeiture.--
(1) No property right shall exist in any property used
or intended for use in the commission of a violation of this
section or in any proceeds traceable to a violation of this
section, and the same shall be deemed contraband and
forfeited in accordance with the provisions set forth in
section 6501(d) (relating to scattering rubbish).
(2) Property and proceeds found in close proximity to
illegally recorded devices shall be rebuttably presumed to be
used or intended for use to facilitate a violation of this
section.
(3) The provisions of this subsection shall not, in any
way, limit the right of the Commonwealth to exercise any
rights or remedies otherwise provided by law.
Section 2. Title 18 is amended by adding a section to read:
§ 4116.1. Unlawful operation of recording device in motion
picture theater.
(a) Offense.--A person commits the offense of unauthorized
operation of a recording device in a motion picture theater if
the person operates a recording device in the theater without
written authority or permission from the motion picture theater
owner.
(b) Theater owner rights.--
(1) A peace officer, theater owner or an agent under
contract with a theater owner who reasonably believes that an
offense under the section has occurred or is occurring and
who reasonably believes that a specific person has committed
or is committing an offense under this section may detain the
suspect in a reasonable manner for a reasonable time on or
off the premises for any of the following purposes:
(i) To require the suspect to identify himself.
(ii) To verify such identification.
(iii) To determine whether the suspect has any
recordings in violation of this section and, if so, to
recover such recordings.
(iv) To inform a peace officer.
(v) To institute criminal proceedings against the
suspect.
(2) If any person admitted to a theater in which a
motion picture is to be or is being exhibited, refuses or
fails to give or surrender possession or to cease operation
of any recording device that the person has brought into or
attempts to bring into that theater, then a theater owner
shall have the right to refuse further admission to that
person or request that the person leave the premises.
(c) Liability.--A theater owner or an employee or agent of a
theater owner who detains or causes the arrest of a person in or
immediately adjacent to a motion picture theater shall not be
held civilly or criminally liable in any proceeding arising out
of such detention or arrest if:
(1) the person detaining or causing the arrest had, at
the time thereof, reasonably believed that the person
detained or arrested had committed or attempted to commit in
that person's presence an offense described in this section;
(2) the manner of the detention or arrest was
reasonable;
(3) law enforcement authorities were notified within a
reasonable time; and
(4) the person detained or arrested was surrendered to
law enforcement authorities within a reasonable time.
(d) Penalty.--A first violation of this section constitutes
a misdemeanor of the first degree. A second or subsequent
conviction is a felony of the third degree if at the time of
sentencing the defendant has been convicted of another violation
of this section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Motion picture theater." A premises used for the exhibition
or performance of motion pictures to the general public.
"Recording device." A photographic or video camera, audio or
video recorder or any other device now existing or later
developed which may be used for recording or transferring sounds
or images.
"Theater owner." An owner or operator and the agent,
employee, consignee, lessee or officer of an owner or operator
of any motion picture theater.
Section 3. This act shall take effect in 60 days.
APPROVED--The 20th day of December, A. D. 1996.
THOMAS J. RIDGE
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