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:
AB614,8,21 20943.49 Unlawful use of recording device in motion picture theater. (1)
21Definitions.
In this section:
AB614,8,2322 (a) "Motion picture theater" means a site used for the exhibition of a motion
23picture to the public.
AB614,8,2424 (b) "Recording" has the meaning given in s. 943.206 (5).
AB614,9,2
1(c) "Recording device" means a camera, an audio or video recorder or any other
2device that may be used to record or transfer sounds or images.
AB614,9,33 (d) "Theater owner" means an owner or operator of a motion picture theater.
AB614,9,6 4(2) Use of recording device in movie theater. (a) No person may operate a
5recording device in a motion picture theater without written authorization from the
6theater owner or the theater owner's agent.
AB614,9,87 (b) 1. Except as provided in subd. 2., a person who violates par. (a) is guilty of
8a Class A misdemeanor.
AB614,9,109 2. A person who violates par. (a) is guilty of a Class D felony if the violation
10occurs after the person has been convicted under this subsection.
AB614,9,13 11(3) Distributing copies of unlawfully rerecorded movies. (a) Whoever does
12any of the following for commercial advantage or private financial gain may be
13penalized as provided in par. (b):
AB614,9,1614 1. Advertises, offers for sale or rent, sells, rents or transports a recording of a
15movie with knowledge that the sounds or images or both on the recording were
16transferred from a recording made in violation of sub. (2).
AB614,9,1917 2. Possesses with intent to advertise, offer for sale or rent, sell, rent or transport
18a recording of a movie with knowledge that the sounds or images or both on the
19recording were transferred from a recording made in violation of sub. (2).
AB614,9,2120 (b) 1. Whoever violates par. (a) is guilty of a Class A misdemeanor under any
21of the following circumstances:
AB614,9,2422 a. If the person creates, advertises, offers for sale or rent, sells, rents,
23transports or possesses 10 or fewer recordings in violation of par. (a) during a
24180-day period.
AB614,10,3
1b. If the person transfers sounds on or to the Internet in violation of par. (a) and
2the transferred sounds are never replayed or are replayed by others from the
3Internet 100 or fewer times during a 180-day period.
AB614,10,54 2. Whoever violates par. (a) is guilty of a Class D felony under any of the
5following circumstances:
AB614,10,86 a. If the person creates, advertises, offers for sale or rent, sells, rents,
7transports or possesses more than 10 but less than 100 recordings in violation of par.
8(a) during a 180-day period.
AB614,10,119 b. If the person transfers sounds on or to the Internet in violation of par. (a) and
10the transferred sounds are replayed by others from the Internet more than 100 but
11less than 1,000 times during a 180-day period.
AB614,10,1312 3. Whoever violates par. (a) is guilty of a Class C felony under any of the
13following circumstances:
AB614,10,1614 a. If the person creates, advertises, offers for sale or rent, sells, rents,
15transports or possesses at least 100 recordings in violation of par. (a) during a
16180-day period.
AB614,10,1917 b. If the person transfers sounds on or to the Internet in violation of par. (a) and
18the transferred sounds are replayed by others from the Internet at least 1,000 times
19during a 180-day period.
AB614,10,2120 c. If the violation occurs after the person has been convicted under this
21subsection.
AB614,10,2322 (c) Under this subsection, the number of recordings that a person rents shall
23be the sum of the number of times in which each individual recording is rented.
AB614,11,12 24(4) Detention of person committing violation. A theater owner, a theater
25owner's adult employe or a theater owner's security agent who has reasonable cause

1to believe that a person has violated this section in his or her presence may detain
2the person in a reasonable manner for a reasonable length of time to deliver the
3person to a peace officer or to his or her parent or guardian in the case of a minor.
4The detained person must be promptly informed of the purpose for the detention and
5be permitted to make phone calls, but he or she shall not be interrogated or searched
6against his or her will before the arrival of a peace officer who may conduct a lawful
7interrogation of the accused person. The theater owner, the theater owner's adult
8employe or the theater owner's security agent may release the detained person
9before the arrival of a peace officer or parent or guardian. Any theater owner, theater
10owner's adult employe or theater owner's security agent who acts in good faith in any
11act authorized under this section is immune from civil or criminal liability for those
12acts.
AB614, s. 11 13Section 11. 973.075 (1) (e) of the statutes is created to read:
AB614,11,2414 973.075 (1) (e) Any recording, as defined in s. 943.206 (5), created, advertised,
15offered for sale or rent, sold, rented, transported or possessed in violation of ss.
16943.207 to 943.209 or s. 943.49 and any electronic, mechanical or other device for
17making a recording or for manufacturing, reproducing, packaging or assembling a
18recording that was used to facilitate a violation of ss. 943.207 to 943.209 or s. 943.49,
19regardless of the knowledge or intent of the person from whom the recording or
20device is seized. If a device subject to forfeiture under this paragraph is encumbered
21by a bona fide perfected security interest that was perfected before the date of the
22commission of the current violation and the holder of the security interest neither
23had knowledge of nor consented to the commission of that violation, the holder of the
24security interest shall be paid from the proceeds of the forfeiture.
AB614, s. 12 25Section 12. 973.075 (5) (intro.) of the statutes is amended to read:
AB614,12,10
1973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
2with due provision for the rights of innocent persons under sub. (1) (b) 2m. and (d)
3and (e). Any Except as provided in sub. (5m), any property seized but not forfeited
4shall be returned to its rightful owner. Any person claiming the right to possession
5of property seized may apply for its return to the circuit court for the county in which
6the property was seized. The court shall order such notice as it deems adequate to
7be given the district attorney and all persons who have or may have an interest in
8the property and shall hold a hearing to hear all claims to its true ownership. If the
9right to possession is proved to the court's satisfaction, it shall order the property
10returned if:
AB614, s. 13 11Section 13. 973.075 (5m) of the statutes is created to read:
AB614,12,1212 973.075 (5m) (a) In this subsection:
AB614,12,1513 1. "Forfeiture action deadline" means the 30th day after the seizure of the
14property or, if the property was seized as a result of a criminal conviction, the 30th
15day after the date of the conviction.
AB614,12,1716 2. "Prosecutor" means the district attorney or, in counties having a population
17of 500,000 or more, the district attorney or the corporation counsel.
AB614,12,2018 3. "Victim" means the owner, as defined in s. 943.206 (2), of the sounds in a
19recording described in sub. (1) (e) or, if the recording is seized in connection with an
20investigation or prosecution of a violation of s. 943.208, the performance owner.
AB614,12,2321 (b) If a recording involved in a violation of ss. 943.207 to 943.209 is forfeited,
22the sheriff of the county in which the recording was seized shall destroy it after the
23completion of all proceedings in which the recording might be required as evidence.
AB614,13,424 (c) If, by the forfeiture action deadline, a summons, complaint and affidavit
25have not been filed under s. 973.076 (2) (a) with respect to property seized under sub.

1(1) (e), the prosecutor shall notify the victim, if known, by certified mail no later than
27 days after the forfeiture action deadline. The prosecutor shall then return the
3property to the person from whom it was seized no earlier than 60 days and no later
4than 90 days after the forfeiture action deadline unless one of the following applies:
AB614,13,65 1. A court has entered an order prohibiting the return of the property or
6requiring it to be conveyed to another person.
AB614,13,87 2. The property is needed as evidence in a criminal proceeding and is likely to
8be unavailable for use as evidence if returned to the person from whom it was seized.
AB614,13,99 (End)
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