At 5:12 PM 12/13/94 -0500, Lesley Harris wrote:
>Could someone pls. let me know whether the U.S. now has a performers' >right in sound recordings, and if so, pls. briefly describe it. > >From the GATT implementation legislation, which recently passed:
SEC. 512. CIVIL PENALTIES FOR UNAUTHORIZED FIXATION OF AND TRAFFICKING IN SOUND RECORDINGS AND MUSIC VIDEOS OF LIVE MUSICAL PERFORMANCES. (a) In General.--Title 17, United States Code, is amended by adding at the end the following new chapter:
"CHAPTER 11--SOUND RECORDINGS AND MUSIC VIDEOS "Sec. "1101. Unauthorized fixation and trafficking in sound recordings and
music videos.
"Sec. 1101. Unauthorized fixation and trafficking in sound recordings
and music videos
"(a) Unauthorized Acts.--Anyone who, without the consent of the
performer or performers involved--
"(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,
"(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or
"(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of
whether the fixations occurred in the United States, shall be
subject to the remedies provided in sections 502 through 505,
to the same extent as an infringer of copyright.
"(b) Definition.--As used in this section, the term 'traffic in' means
transport, transfer, or otherwise dispose of, to another, as consideration
for anything of value, or make or obtain control of with intent to
transport, transfer, or dispose of.
"(c) Applicability.--This section shall apply to any act or acts that
occur on or after the date of the enactment of the Uruguay Round Agreements
Act.
"(d) State Law Not Preempted.--Nothing in this section may be construed
to annul or limit any rights or remedies under the common law or statutes
of any State.".
(b) Conforming Amendment.--The table of chapters for title 17, United States Code, is amended by adding at the end the following:
"11. Sound Recordings and Music Videos..........................1101".
SEC. 513. CRIMINAL PENALTIES FOR UNAUTHORIZED FIXATION OF AND TRAFFICKING IN SOUND RECORDINGS AND MUSIC VIDEOS OR LIVE MUSICAL PERFORMANCES. (a) In General.--Chapter 113 of title 18, United States Code, is amended by inserting after section 2319 the following:
"Sec. 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances
"(a) Offense.--Whoever, without the consent of the performer or
performers involved, knowingly and for purposes of commercial advantage or
private financial gain--
"(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation;
"(2) transmits or otherwise communicates to the public the
sounds or sounds and images of a live musical performance; or
"(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1),
regardless of whether the fixations occurred in the United States; shall be imprisoned for not more than 5 years or fined in the amount set forth in this title, or both, or if the offense is a second or subsequent offense, shall be imprisoned for not more than 10 years or fined in the amount set forth in this title, or both.
"(b) Forfeiture and Destruction.--When a person is convicted of a
violation of subsection (a), the court shall order the forfeiture and
destruction of any copies or phonorecords created in violation thereof, as
well as any plates, molds, matrices, masters, tapes, and film negatives by
means of which such copies or phonorecords may be made. The court may also,
in its discretion, order the forfeiture and destruction of any other
equipment by means of which such copies or phonorecords may be reproduced,
taking into account the nature, scope, and proportionality of the use of
the equipment in the offense.
"(c) Seizure and Forfeiture.--If copies or phonorecords of sounds or
sounds and images of a live musical performance are fixed outside of the
United States without the consent of the performer or performers involved,
such copies or phonorecords are subject to seizure and forfeiture in the
United States in the same manner as property imported in violation of the
customs laws. The Secretary of the Treasury shall, not later than 60 days
after the date of the enactment of the Uruguay Round Agreements Act, issue
regulations to carry out this subsection, including regulations by which
any performer may, upon payment of a specified fee, be entitled to
notification by the United States Customs Service of the importation of
copies or phonorecords that appear to consist of unauthorized fixations of
the sounds or sounds and images of a live musical performance.
"(d) Definitions.--As used in this section--
"(1) the terms 'copy', 'fixed', 'musical work', 'phonorecord', 'reproduce', 'sound recordings', and 'transmit' mean those terms within the meaning of title 17; and
"(2) the term 'traffic in' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.
"(e) Applicability.--This section shall apply to any Act or Acts that
occur on or after the date of the enactment of the Uruguay Round Agreements
Act.".
(b) Conforming Amendment.--The table of sections for chapter 113 of title 18, United States Code, is amended by inserting after the item relating to section 2319 the following:
"2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances.".
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