Montana Code Annotated 2019

TITLE 30. TRADE AND COMMERCE

CHAPTER 13. ASSUMED BUSINESS NAMES, TRADEMARKS, AND RELATED RIGHTS

Part 1. General Provisions

Sale Of Unauthorized Sound Recordings Prohibited

30-13-143. Sale of unauthorized sound recordings prohibited. (1) No person may knowingly, or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recording that has been produced without the consent of the owner. Possession of 5 or more duplicate copies or 20 or more individual copies of such sound recording produced without the consent of the owner creates a rebuttable presumption that the copies are intended for sale or distribution in violation of this section.

(2) No person may knowingly, or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recordings embodying any performance, whether live before an audience or transmitted by wire or through the air by radio or television, without the prior express written consent of the performer.

(3) A person convicted of violating this section shall be fined no more than $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

History: En. Sec. 3, Ch. 367, L. 1977; R.C.M. 1947, 85-603.