South Dakota Codified Laws 43-43A-2. Pirating recorded sound or dealing in pirated recordings as felony
Current as of: 2023 | Check for updates
|
Other versions
Except as provided in § 43-43A-4, or with the express consent of the owner, it is a Class 6 felony for any person to knowingly:
(1) Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, tape, wire, film, or other article on which sound is recorded, with the intent to sell or cause to be sold or to use or cause to be used for profit through public performance the article on which such sounds are so transferred; or
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 2 years | up to $4,000 |
Terms Used In South Dakota Codified Laws 43-43A-2
- owner: as used in this chapter , shall mean any person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master wire, master film, or other device used for reproducing recorded sounds on phonograph records, discs, tapes, wires, films, or other articles on which sound is recorded. See South Dakota Codified Laws 43-43A-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Manufacture, distribute, advertise or sell, offer for sale, or possess for the purpose of sale, at wholesale or retail, any such article on which sounds have been so transferred.
Source: SL 1975, ch 172, § 2; SL 1983, ch 15, § 12.