LRB-2690/1
MGD:wlj:kjf
1999 - 2000 LEGISLATURE
December 1, 1999 - Introduced by Representatives Pettis, Kestell, Jensen, Coggs,
Underheim, Klusman, Sykora, Albers, Olsen, Nass, Ward, Handrick, Vrakas,
Staskunas, Kreibich, Walker, Musser, Kaufert
and Bock, cosponsored by
Senators George, Rosenzweig, Panzer, Breske and Grobschmidt. Referred to
Committee on Judiciary and Personal Privacy.
AB614,1,7 1An Act to repeal 943.207 (3); to renumber and amend 943.207 (2); to amend
2943.207 (title), 943.207 (1) and 973.075 (5) (intro.); and to create 943.206,
3943.207 (1) (c), 943.207 (3m), 943.208, 943.209, 943.49, 973.075 (1) (e) and
4973.075 (5m) of the statutes; relating to: unauthorized duplication of a
5recording, unauthorized recording of a performance, failure to disclose
6manufacturer of a recording, unauthorized use of a recording device in a movie
7theater and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person may not knowingly and wilfully transfer recorded
sounds without the consent of the owner with intent to sell the record, disc, wire,
tape, film or other article onto which the sounds are transferred (an "unlawful
transfer"). ("Owner" is defined under current law to mean the person who owns the
sounds embodied in the original master recording from which the transferred sounds
are directly or indirectly derived.) In addition, a person may not advertise, offer for
sale or sell the article onto which such sounds have been transferred (a "pirated
recording") with knowledge that the sounds were transferred onto the article without
the consent of the owner. A first-time violator of the unlawful transfer prohibition
may be fined not more than $1,000 or imprisoned for not more than 90 days or both.
For each subsequent unlawful transfer offense, the person may be fined not more

than $10,000 or imprisoned for not more than nine months or both. A person who
knowingly advertises, offers for sale or sells a pirated recording may be fined not
more than $1,000 or imprisoned for not more than 90 days or both for each unlawful
advertisement, offer or sale.
This bill amends these provisions to prohibit a person from knowingly
transporting, offering to rent, renting or possessing pirated recordings. It also limits
the prohibitions on unlawful transfers and on transporting pirated recordings to
cases in which the person transferred the sounds or transported the pirated
recordings for commercial advantage or private financial gain. The penalties for
violations are also revised. Under the bill, a violation is generally classified based
on the number of recordings involved or, in the case of a pirated recording distributed
on the Internet, the number of times the recording was replayed by another person
during a 180-day period: - See PDF for table PDF
The bill also creates three new crimes. The first relates to "bootlegging". Under
the bill, no person may record a performance without the performer's consent with
intent to sell or rent the bootlegged recording. The bill also prohibits individuals who
know that a recording has been bootlegged from advertising, offering to sell or rent,
selling, renting or transporting the recording or from possessing it for one of those
purposes. Violations are generally classified as follows: - See PDF for table PDF
The second new crime relates to counterfeit recordings. Under the bill, no
person may knowingly advertise, offer for sale or rent, sell, rent or transport a
recording or possess a recording for one of those purposes if the recording does not
contain the name and address of the manufacturer of the recording in a prominent
place on its cover, jacket or label. Violations are generally classified as follows: - See PDF for table PDF
The provisions regarding the third new crime prohibit a person from using any
type of recording device in a movie theater without the written authorization of the
theater owner or his or her agent. A person who violates this prohibition is generally
guilty of a Class A misdemeanor. The bill also prohibits a person from knowingly
advertising, offering for sale or rent, renting or transporting unlawfully recorded
movies or possessing a recording for one of those purposes. Penalties are generally
classified as follows: - See PDF for table PDF
The penalty provisions applicable to the three new crimes and to the unlawful
transfer/pirated recording prohibitions treat repeat offenders separately. Under the
bill, a person who commits one of these offenses -- other than the unlawful recording
of a movie -- after having been previously convicted of the same offense is guilty of
a Class C felony, regardless of the number of recordings or replays involved. A person
who violates the provisions regarding unauthorized recording of a movie after
having previously been convicted of that offense is guilty of a Class D felony.
The bill also subjects recordings and devices used for recording or for
manufacturing, reproducing, packaging or assembling recordings involved in a
violation of any of these provisions to forfeiture.
Penalties for violations are as follows: - See PDF for table PDF
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB614, s. 1 1Section 1. 943.206 of the statutes is created to read:
AB614,4,1
1943.206 Definitions. In this section and ss. 943.207 to 943.209:
AB614,4,2 2(1) "Manufacturer" means a person who transfers sounds to a recording.
AB614,4,4 3(3) "Performance" means a recital, rendering or playing of a series of words or
4other sounds, either alone or in combination with images or physical activity.
AB614,4,7 5(4) "Performance owner" means the performer or performers or the person to
6whom the performer or performers have transferred, through a contract, the right
7to sell recordings of a performance.
AB614,4,9 8(5) "Recording" means a medium on or in which sounds or images or both are
9stored.
AB614, s. 2 10Section 2. 943.207 (title) of the statutes is amended to read:
AB614,4,11 11943.207 (title) Transfer of recorded sounds for unlawful use; sale.
AB614, s. 3 12Section 3. 943.207 (1) of the statutes is amended to read:
AB614,4,1413 943.207 (1) Whoever does any of the following may be penalized as provided
14in sub. (3) (3m):
AB614,4,2015 (a) Knowingly and wilfully Intentionally transfers or causes to be transferred,
16without the consent of the owner, any sounds recorded on a phonograph record, disc,
17wire, tape, film or other article on which sounds are recorded
first embodied in or on
18a recording before February 15, 1972
, with intent to sell or cause to be sold, the article
19or rent the recording into or onto which such sounds are transferred for commercial
20advantage or private financial gain
.
AB614,4,2421 (b) Advertises, offers for sale or rent, sells any article onto which, rents or
22possesses a recording with knowledge that
sounds have been transferred as
23described in
into or onto it in violation of par. (a), with the knowledge that the sounds
24thereon have been so transferred without the consent of the owner
.
AB614, s. 4 25Section 4. 943.207 (1) (c) of the statutes is created to read:
AB614,5,3
1943.207 (1) (c) Transports a recording within this state for commercial
2advantage or private financial gain with knowledge that sounds have been
3transferred into or onto the recording in violation of par. (a).
AB614, s. 5 4Section 5. 943.207 (2) of the statutes is renumbered 943.206 (2) and amended
5to read:
AB614,5,116 943.206 (2) In this section "owner" "Owner" means the person who owns the
7original fixation of sounds embodied in the master phonograph record, master disc,
8master tape, master film or other device used for reproducing recorded sounds on
9phonograph records, discs, tapes, films or other articles on which sound is recorded,
10and
sounds in or on a recording from which the transferred sounds are directly or
11indirectly derived.
AB614, s. 6 12Section 6. 943.207 (3) of the statutes is repealed.
AB614, s. 7 13Section 7. 943.207 (3m) of the statutes is created to read:
AB614,5,1514 943.207 (3m) (a) Whoever violates this section is guilty of a Class A
15misdemeanor under any of the following circumstances:
AB614,5,1816 1. If the person transfers sounds into or onto 100 or fewer recordings or creates,
17advertises, offers for sale or rent, sells, rents, possesses or transports 100 or fewer
18recordings in violation of sub. (1) during a 180-day period.
AB614,5,2119 2. If the person transfers sounds on or to the Internet in violation of sub. (1) and
20the transferred sounds are never replayed or are replayed by others from the
21Internet 100 or fewer times during a 180-day period.
AB614,5,2322 (b) Whoever violates this section is guilty of a Class D felony under any of the
23following circumstances:
AB614,6,224 1. If the person transfers sounds into or onto more than 100 but less than 1,000
25recordings or advertises, offers for sale or rent, sells, rents, possesses or transports

1more than 100 but less than 1,000 recordings in violation of sub. (1) during a 180-day
2period.
AB614,6,53 2. If the person transfers sounds on or to the Internet in violation of sub. (1) and
4the transferred sounds are replayed by others from the Internet more than 100 but
5less than 1,000 times during a 180-day period.
AB614,6,76 (c) Whoever violates this section is guilty of a Class C felony under any of the
7following circumstances:
AB614,6,108 1. If the person transfers sounds into or onto at least 1,000 recordings or
9advertises, offers for sale or rent, sells, rents, possesses or transports at least 1,000
10recordings in violation of sub. (1) during a 180-day period.
AB614,6,1311 2. If the person transfers sounds on or to the Internet in violation of sub. (1) and
12the transferred sounds are replayed by others from the Internet at least 1,000 times
13during a 180-day period.
AB614,6,1414 3. If the violation occurs after the person has been convicted under this section.
AB614, s. 8 15Section 8. 943.208 of the statutes is created to read:
AB614,6,18 16943.208 Recording performance without consent of performance
17owner. (1)
Whoever does any of the following for commercial advantage or private
18financial gain may be penalized as provided in sub. (2):
AB614,6,2019 (a) Creates a recording of a performance without consent of the performance
20owner and with intent to sell or rent the recording.
AB614,6,2421 (b) Advertises, offers for sale or rent, sells, rents or transports a recording of
22a performance with knowledge that the sounds, images or both from the performance
23embodied in the recording were recorded without the consent of the performance
24owner.
AB614,7,4
1(c) Possesses with intent to advertise, offer for sale or rent, sell, rent or
2transport a recording of a performance with knowledge that the sounds, images or
3both from the performance embodied in the recording were recorded without the
4consent of the performance owner.
AB614,7,8 5(2) (a) Whoever violates sub. (1) is guilty of a Class A misdemeanor if the person
6creates, advertises, offers for sale or rent, sells, rents, transports or possesses 100 or
7fewer recordings embodying sound or 10 or fewer audiovisual recordings in violation
8of sub. (1) during a 180-day period.
AB614,7,129 (b) Whoever violates sub. (1) is guilty of a Class D felony if the person creates,
10advertises, offers for sale or rent, sells, rents, transports or possesses more than 100
11but less than 1,000 recordings embodying sound or more than 10 but less than 100
12audiovisual recordings in violation of sub. (1) during a 180-day period.
AB614,7,1713 (c) Whoever violates sub. (1) is guilty of a Class C felony if the person creates,
14advertises, offers for sale or rent, sells, rents, transports or possesses at least 1,000
15recordings embodying sound or at least 100 audiovisual recordings in violation of
16sub. (1) during a 180-day period or if the violation occurs after the person has been
17convicted under this section.
AB614,7,19 18(3) Under this section, the number of recordings that a person rents shall be
19the sum of the number of times in which each individual recording is rented.
AB614, s. 9 20Section 9. 943.209 of the statutes is created to read:
AB614,7,23 21943.209 Failure to disclose manufacturer of recording. (1) Whoever
22does any of the following for commercial advantage or private financial gain may be
23penalized as provided in sub. (2):
AB614,8,3
1(a) Knowingly advertises, offers for sale or rent, sells, rents or transports a
2recording that does not contain the name and address of the manufacturer in a
3prominent place on the cover, jacket or label of the recording.
AB614,8,64 (b) Possesses with intent to advertise, offer for sale or rent, sell, rent or
5transport a recording that does not contain the name and address of the
6manufacturer in a prominent place on the cover, jacket or label of the recording.
AB614,8,9 7(2) (a) Whoever violates sub. (1) is guilty of a Class A misdemeanor if the person
8advertises, offers for sale or rent, sells, rents, transports or possesses 10 or fewer
9recordings in violation of sub. (1) during a 180-day period.
AB614,8,1210 (b) Whoever violates sub. (1) is guilty of a Class D felony if the person
11advertises, offers for sale or rent, sells, rents, transports or possesses more than 10
12but less than 100 recordings in violation of sub. (1) during a 180-day period.
AB614,8,1613 (c) Whoever violates sub. (1) is guilty of a Class C felony if the person advertises,
14offers for sale or rent, sells, rents, transports or possesses at least 100 recordings in
15violation of sub. (1) during a 180-day period or if the violation occurs after the person
16has been convicted under this section.
AB614,8,18 17(3) Under this section, the number of recordings that a person rents shall be
18the sum of the number of times in which each individual recording is rented.
AB614, s. 10 19Section 10. 943.49 of the statutes is created to read:
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