Texas Business and Commerce Code 641.051 – Unauthorized Duplication of Certain Recordings
(a) This section applies only to a recording that was initially fixed before February 15, 1972.
(b) A person commits an offense if the person:
(1) knowingly reproduces for sale or causes to be transferred any recording with intent to sell the recording or cause the recording to be sold or use a recording or cause the recording to be used for commercial advantage or private financial gain through public performance without the consent of the owner;
(2) with the knowledge that the sounds on a recording have been reproduced or transferred without the consent of the owner, transports the recording within this state for commercial advantage or private financial gain; or
(3) with the knowledge that a recording has been reproduced or transferred without the consent of the owner:
(A) advertises, offers for sale, sells, or rents the recording;
(B) causes the sale, resale, or rental of the recording; or
(C) possesses the recording for a purpose described by Paragraph (A) or (B).
Terms Used In Texas Business and Commerce Code 641.051
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) An offense under this section is punishable by:
(1) imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if:
(A) the offense involves at least 1,000 unauthorized recordings during a 180-day period; or
(B) the defendant has been previously convicted under this section;
(2) imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than 100 but fewer than 1,000 unauthorized recordings during a 180-day period; or
(3) confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2).
(d) This section does not apply to any fees due to the American Society of Composers, Authors and Publishers.
(e) This section does not apply to a person engaged in radio or television broadcasting who transfers, or causes to be transferred, a recording:
(1) intended for or in connection with a radio or television broadcast; or
(2) for archival purposes.