1999 WISCONSIN ACT 51
An Act to repeal 943.207 (3); to renumber and amend 943.207 (2); to amend 943.207 (title), 943.207 (1) and 973.075 (5) (intro.); and to create 943.206, 943.207 (1) (c), 943.207 (3m), 943.208, 943.209, 943.49, 973.075 (1) (e) and 973.075 (5m) of the statutes; relating to: unauthorized duplication of a recording, unauthorized recording of a performance, failure to disclose manufacturer of a recording, unauthorized use of a recording device in a movie theater and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
51,1
Section
1. 943.206 of the statutes is created to read:
943.206 Definitions. In this section and ss. 943.207 to 943.209:
(1) "Manufacturer" means a person who transfers sounds to a recording.
(3) "Performance" means a recital, rendering or playing of a series of words or other sounds, either alone or in combination with images or physical activity.
(4) "Performance owner" means the performer or performers or the person to whom the performer or performers have transferred, through a contract, the right to sell recordings of a performance.
(5) "Recording" means a medium on or in which sounds or images or both are stored.
51,2
Section
2. 943.207 (title) of the statutes is amended to read:
943.207 (title) Transfer of recorded sounds for unlawful use; sale.
51,3
Section
3. 943.207 (1) of the statutes is amended to read:
943.207 (1) Whoever does any of the following may be penalized as provided in sub. (3) (3m):
(a) Knowingly and wilfully Intentionally transfers or causes to be transferred, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded first embodied in or on a recording before February 15, 1972, with intent to sell or cause to be sold, the article or rent the recording into or onto which such sounds are transferred for commercial advantage or private financial gain.
(b) Advertises, offers for sale or rent, sells any article onto which, rents or possesses a recording with knowledge that sounds have been transferred as described in into or onto it in violation of par. (a), with the knowledge that the sounds thereon have been so transferred without the consent of the owner.
51,4
Section
4. 943.207 (1) (c) of the statutes is created to read:
943.207 (1) (c) Transports a recording within this state for commercial advantage or private financial gain with knowledge that sounds have been transferred into or onto the recording in violation of par. (a).
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Section
5. 943.207 (2) of the statutes is renumbered 943.206 (2) and amended to read:
943.206 (2) In this section "owner" "Owner" means the person who owns the original fixation of sounds embodied in 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 sounds in or on a recording from which the transferred sounds are directly or indirectly derived.
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Section
6. 943.207 (3) of the statutes is repealed.
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Section
7. 943.207 (3m) of the statutes is created to read:
943.207 (3m) (a) Whoever violates this section is guilty of a Class A misdemeanor under any of the following circumstances:
1. If the person transfers sounds into or onto fewer than 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports fewer than 1,000 recordings in violation of sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
2. If the person transfers sounds on or to the Internet in violation of sub. (1), the transferred sounds are never replayed or are replayed by others from the Internet fewer than 1,000 times during a 180-day period, and the value of the transferred sounds does not exceed $2,500.
(b) Whoever violates this section is guilty of a Class D felony under any of the following circumstances:
1. If the person transfers sounds into or onto fewer than 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports fewer than 1,000 recordings in violation of sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.
2. If the person transfers sounds on or to the Internet in violation of sub. (1), the transferred sounds are replayed by others from the Internet fewer than 1,000 times during a 180-day period, and the value of the transferred sounds involved in the violation exceeds $2,500.
(c) Whoever violates this section is guilty of a Class C felony under any of the following circumstances:
1. If the person transfers sounds into or onto at least 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports at least 1,000 recordings in violation of sub. (1) during a 180-day period.
2. If the person transfers sounds on or to the Internet in violation of sub. (1) and the transferred sounds are replayed by others from the Internet at least 1,000 times during a 180-day period.
3. If the violation occurs after the person has been convicted under this section.
51,8
Section
8. 943.208 of the statutes is created to read:
943.208 Recording performance without consent of performance owner. (1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in sub. (2):
(a) Creates a recording of a performance without consent of the performance owner and with intent to sell or rent the recording.
(b) Advertises, offers for sale or rent, sells, rents or transports a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
(c) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
(2) (a) Whoever violates sub. (1) is guilty of a Class A misdemeanor if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
(b) Whoever violates sub. (1) is guilty of a Class D felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.
(c) Whoever violates sub. (1) is guilty of a Class C felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses at least 1,000 recordings embodying sound or at least 100 audiovisual recordings in violation of sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.
(3) Under this section, the number of recordings that a person rents shall be the sum of the number of times in which each individual recording is rented.
51,9
Section
9. 943.209 of the statutes is created to read:
943.209 Failure to disclose manufacturer of recording. (1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in sub. (2):
(a) Knowingly advertises, offers for sale or rent, sells, rents or transports a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.
(b) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.
(2) (a) Whoever violates sub. (1) is guilty of a Class A misdemeanor if the person advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 100 recordings in violation of sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
(b) Whoever violates sub. (1) is guilty of a Class D felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 100 recordings in violation of sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.
(c) Whoever violates sub. (1) is guilty of a Class C felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses at least 100 recordings in violation of sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.
(3) Under this section, the number of recordings that a person rents shall be the sum of the number of times that each individual recording is rented.
51,10
Section
10. 943.49 of the statutes is created to read:
943.49 Unlawful use of recording device in motion picture theater. (1) Definitions. In this section:
(a) "Motion picture theater" means a site used for the exhibition of a motion picture to the public.
(b) "Recording" has the meaning given in s. 943.206 (5).
(c) "Recording device" means a camera, an audio or video recorder or any other device that may be used to record or transfer sounds or images.
(d) "Theater owner" means an owner or operator of a motion picture theater.
(2) Use of recording device in movie theater. (a) No person may operate a recording device in a motion picture theater without written consent from the theater owner or a person authorized by the theater owner to provide written consent.
(b) 1. Except as provided in subd. 2., a person who violates par. (a) is guilty of a Class A misdemeanor.
2. A person who violates par. (a) is guilty of a Class D felony if the violation occurs after the person has been convicted under this subsection.
