21-3748.Piracy of recordings.(a) Piracy of recordings is knowingly, and without the consent ofthe owner, duplicating or causing to be duplicated any sounds recorded ona phonograph record, disc, wire, tape, film or other article on which soundsare recorded, or recording or causing to be recorded any live performance,with the intent to sell, rent or cause to be sold or rented, any suchduplicated sounds or any such recorded performance, or to give away suchduplicated sounds or recorded performance as part of a promotion for anyproduct or service.
(b) For purposes of this section and K.S.A. 21-3750 and amendmentsthereto "owner" means the person who owns theoriginal fixation of sounds embodied in the master phonograph record, masterdisc, master wire, master tape, master film or other device used forreproducing soundson phonograph records, discs, wires, tapes, films or other articles nowknown orlater developed upon whichsound is recorded or otherwise stored, and from which the duplicatedrecorded sounds are directly or indirectly derived, or the person whoowns the right to record such live performance; and "computerprogram" means a set of statements or instructions to be used directly orindirectly in a computer in order to bring about a certain result.
(c) This section shall not apply to: (1) Anybroadcaster who, in connectionwith or as part of a radio or television broadcast or cable transmission,or for the purpose of archival preservation, duplicates any such soundsrecorded on a sound recording;
(2) any person who duplicates such sounds or such performance,for personal use, and without compensation for such duplication;
(3) any sounds initially fixed in a tangible medium ofexpression after February 15, 1972; or
(4) any computer program or any audio or visual recording thatis part of any computer program.
Piracy of recordings is a severity level 9, nonperson felony.
History: L. 1976, ch. 155, § 1;L. 1992, ch. 210, § 1;L. 1993, ch. 291, § 90; July 1.
21-3748.Piracy of recordings.(a) Piracy of recordings is knowingly, and without the consent ofthe owner, duplicating or causing to be duplicated any sounds recorded ona phonograph record, disc, wire, tape, film or other article on which soundsare recorded, or recording or causing to be recorded any live performance,with the intent to sell, rent or cause to be sold or rented, any suchduplicated sounds or any such recorded performance, or to give away suchduplicated sounds or recorded performance as part of a promotion for anyproduct or service.
(b) For purposes of this section and K.S.A. 21-3750 and amendmentsthereto "owner" means the person who owns theoriginal fixation of sounds embodied in the master phonograph record, masterdisc, master wire, master tape, master film or other device used forreproducing soundson phonograph records, discs, wires, tapes, films or other articles nowknown orlater developed upon whichsound is recorded or otherwise stored, and from which the duplicatedrecorded sounds are directly or indirectly derived, or the person whoowns the right to record such live performance; and "computerprogram" means a set of statements or instructions to be used directly orindirectly in a computer in order to bring about a certain result.
(c) This section shall not apply to: (1) Anybroadcaster who, in connectionwith or as part of a radio or television broadcast or cable transmission,or for the purpose of archival preservation, duplicates any such soundsrecorded on a sound recording;
(2) any person who duplicates such sounds or such performance,for personal use, and without compensation for such duplication;
(3) any sounds initially fixed in a tangible medium ofexpression after February 15, 1972; or
(4) any computer program or any audio or visual recording thatis part of any computer program.
Piracy of recordings is a severity level 9, nonperson felony.
History: L. 1976, ch. 155, § 1;L. 1992, ch. 210, § 1;L. 1993, ch. 291, § 90; July 1.
21-3748.Piracy of recordings.(a) Piracy of recordings is knowingly, and without the consent ofthe owner, duplicating or causing to be duplicated any sounds recorded ona phonograph record, disc, wire, tape, film or other article on which soundsare recorded, or recording or causing to be recorded any live performance,with the intent to sell, rent or cause to be sold or rented, any suchduplicated sounds or any such recorded performance, or to give away suchduplicated sounds or recorded performance as part of a promotion for anyproduct or service.
(b) For purposes of this section and K.S.A. 21-3750 and amendmentsthereto "owner" means the person who owns theoriginal fixation of sounds embodied in the master phonograph record, masterdisc, master wire, master tape, master film or other device used forreproducing soundson phonograph records, discs, wires, tapes, films or other articles nowknown orlater developed upon whichsound is recorded or otherwise stored, and from which the duplicatedrecorded sounds are directly or indirectly derived, or the person whoowns the right to record such live performance; and "computerprogram" means a set of statements or instructions to be used directly orindirectly in a computer in order to bring about a certain result.
(c) This section shall not apply to: (1) Anybroadcaster who, in connectionwith or as part of a radio or television broadcast or cable transmission,or for the purpose of archival preservation, duplicates any such soundsrecorded on a sound recording;
(2) any person who duplicates such sounds or such performance,for personal use, and without compensation for such duplication;
(3) any sounds initially fixed in a tangible medium ofexpression after February 15, 1972; or
(4) any computer program or any audio or visual recording thatis part of any computer program.
Piracy of recordings is a severity level 9, nonperson felony.
History: L. 1976, ch. 155, § 1;L. 1992, ch. 210, § 1;L. 1993, ch. 291, § 90; July 1.
