Chapter 352-A: Copying of Recorded Devices

As used in this chapter:

I. "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is recorded and from which the transferred sounds are directly or indirectly derived.

II. "Performer" means a person or persons appearing in a performance, whether live before an audience or transmitted by radio, television or other means.

III. "Person" means any natural person, group, firm, partnership, corporation, association, or any other legal entity.

It shall be unlawful for any person to:

I. Knowingly transfer or cause to be transferred to any article on which sounds are recorded, directly or indirectly by any means, with the intent to sell such article or cause it to be sold or to be used for profit:

(a) Any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, without prior express written consent of the owner; or

(b) Any performance, whether live before an audience or transmitted by radio, television or other means, without the prior express written consent of the performer.

II. Advertise, sell or offer for sale at wholesale or retail, distribute, or possess for such purpose, any article on which sounds are recorded, if such person knew or should have known that such article:

(a) embodies any sounds transferred from a phonograph record, disc, wire, tape, film or other article, without the prior express written consent of the owner; or

(b) embodies any performance, whether live before an audience or transmitted by radio or television or other means, without the prior express written consent of the performer.

Possession of 5 or more duplicate copies or 20 or more individual copies of such recorded articles, produced without the consent of the owner or performer, shall create a rebuttable presumption that such articles are intended for sale or distribution in violation of this section.

III. This section does not apply to:

(a) Any motion picture or any sound recording initially fixed on or after February 15, 1972; or

(b) Any person who transfers, or causes to be transferred, any such sounds intended for or in connection with:

(1) broadcast or telecast transmissions or related uses, provided the transferor is engaged in licensed radio or television broadcasting;

(2) archival purposes; or

(3) home or personal use, without involving compensation or profit.

Every recorded device sold or possessed for the purpose of sale by any manufacturer, distributor, wholesale or retail merchant shall contain on its packaging the name and address of the manufacturer and the name of the actual performer, artist or group; provided, however, that the term "manufacturer" shall not include the manufacturer of the cartridge or casing itself, or the physical medium used on which to make the recording.

This chapter shall neither enlarge nor diminish the rights of parties in civil litigation.

I. Any person who violates any provision of RSA 352-A:2, I, shall be guilty of a class B felony. Each individual manufacture of such recorded article shall constitute a separate offense.

II. Any person who violates any provision of RSA 352-A:2, II, shall be guilty of a misdemeanor.

III. (a) Any recorded article produced or offered for sale in violation of this chapter shall be subject to seizure by law enforcement authorities pending disposition of the charge, and, upon final conviction of the accused, shall be subject to forfeiture and destruction by the appropriate law enforcement agency.

(b) Any equipment, devices or components used in the production of such articles in violation of this chapter shall be subject to seizure by law enforcement authorities pending disposition of the charge and, upon final conviction of the accused, shall be subject to forfeiture and destruction, disposition, or sale at auction by the appropriate law enforcement agency, in the discretion and upon order of the trial court.