§ 14‑433. Recording oflive performances or recorded sounds and distribution, etc., of such recordingsunlawful in certain circumstances.
(a) It shall beunlawful for any person to:
(1) Knowingly transferor cause to be transferred, directly or indirectly by any means, any soundsrecorded on a phonograph record, disc, wire, tape, film or other article onwhich sounds are recorded, with the intent to sell or cause to be sold, or touse or cause to be used for profit through public performance, such article onwhich sounds are so transferred, without consent of the, owner.
(2) Manufacture,distribute, wholesale or transport any article for profit, or possess for thesepurposes with the knowledge that the sounds recorded on the article weretransferred in violation of subdivision (a)(1) of this section.
(3) Recodified as G.S.14‑433(a1)(1) by Session Laws 2003‑159, s. 2.
(4) Recodified as G.S.14‑433(a1)(2) by Session Laws 2003‑159, s. 2.
(a1) It shall be unlawfulfor any person to:
(1) Knowingly transferor cause to be transferred, directly or indirectly by any means, any sounds ata live performance, with the intent to sell or cause to be sold, or to use orcause to be used for profit through public performance, the article on whichsounds are so transferred, without consent of the owner.
(2) Manufacture,distribute, transport or wholesale any article for profit, or possess for thosepurposes with the knowledge that the sounds recorded on the article weretransferred in violation of subdivision (a1)(1) of this section.
(b) Subdivisions (a)(1)and (a)(2) of this section shall apply only to sound recordings that wereinitially fixed prior to February 15, 1972. Federal copyright law, 17 U.S.C. §101 et seq., preempts State prosecution of the acts described in subdivisions(a)(1) and (a)(2) with respect to sound recordings initially fixed on or afterFebruary 15, 1972.
(c) This section shallnot apply to any person engaged in webcasting or radio or televisionbroadcasting who transfers, or causes to be transferred, any such sounds otherthan from the sound track of a motion picture intended for, or in connectionwith webcast, broadcast or telecast transmission or related uses, or forarchival purposes. An Internet service provider who is solely providing aconduit for access to the Internet, shall not be deemed to be using, or causingto be used, recordings that may be transferred over the Internet by thirdparties in violation of this Article. (1973, c. 1279, s. 1; 1989, c. 589, s. 1; 2003‑159,s. 2.)
§ 14‑433. Recording oflive performances or recorded sounds and distribution, etc., of such recordingsunlawful in certain circumstances.
(a) It shall beunlawful for any person to:
(1) Knowingly transferor cause to be transferred, directly or indirectly by any means, any soundsrecorded on a phonograph record, disc, wire, tape, film or other article onwhich sounds are recorded, with the intent to sell or cause to be sold, or touse or cause to be used for profit through public performance, such article onwhich sounds are so transferred, without consent of the, owner.
(2) Manufacture,distribute, wholesale or transport any article for profit, or possess for thesepurposes with the knowledge that the sounds recorded on the article weretransferred in violation of subdivision (a)(1) of this section.
(3) Recodified as G.S.14‑433(a1)(1) by Session Laws 2003‑159, s. 2.
(4) Recodified as G.S.14‑433(a1)(2) by Session Laws 2003‑159, s. 2.
(a1) It shall be unlawfulfor any person to:
(1) Knowingly transferor cause to be transferred, directly or indirectly by any means, any sounds ata live performance, with the intent to sell or cause to be sold, or to use orcause to be used for profit through public performance, the article on whichsounds are so transferred, without consent of the owner.
(2) Manufacture,distribute, transport or wholesale any article for profit, or possess for thosepurposes with the knowledge that the sounds recorded on the article weretransferred in violation of subdivision (a1)(1) of this section.
(b) Subdivisions (a)(1)and (a)(2) of this section shall apply only to sound recordings that wereinitially fixed prior to February 15, 1972. Federal copyright law, 17 U.S.C. §101 et seq., preempts State prosecution of the acts described in subdivisions(a)(1) and (a)(2) with respect to sound recordings initially fixed on or afterFebruary 15, 1972.
(c) This section shallnot apply to any person engaged in webcasting or radio or televisionbroadcasting who transfers, or causes to be transferred, any such sounds otherthan from the sound track of a motion picture intended for, or in connectionwith webcast, broadcast or telecast transmission or related uses, or forarchival purposes. An Internet service provider who is solely providing aconduit for access to the Internet, shall not be deemed to be using, or causingto be used, recordings that may be transferred over the Internet by thirdparties in violation of this Article. (1973, c. 1279, s. 1; 1989, c. 589, s. 1; 2003‑159,s. 2.)
§ 14‑433. Recording oflive performances or recorded sounds and distribution, etc., of such recordingsunlawful in certain circumstances.
(a) It shall beunlawful for any person to:
(1) Knowingly transferor cause to be transferred, directly or indirectly by any means, any soundsrecorded on a phonograph record, disc, wire, tape, film or other article onwhich sounds are recorded, with the intent to sell or cause to be sold, or touse or cause to be used for profit through public performance, such article onwhich sounds are so transferred, without consent of the, owner.
(2) Manufacture,distribute, wholesale or transport any article for profit, or possess for thesepurposes with the knowledge that the sounds recorded on the article weretransferred in violation of subdivision (a)(1) of this section.
(3) Recodified as G.S.14‑433(a1)(1) by Session Laws 2003‑159, s. 2.
(4) Recodified as G.S.14‑433(a1)(2) by Session Laws 2003‑159, s. 2.
(a1) It shall be unlawfulfor any person to:
(1) Knowingly transferor cause to be transferred, directly or indirectly by any means, any sounds ata live performance, with the intent to sell or cause to be sold, or to use orcause to be used for profit through public performance, the article on whichsounds are so transferred, without consent of the owner.
(2) Manufacture,distribute, transport or wholesale any article for profit, or possess for thosepurposes with the knowledge that the sounds recorded on the article weretransferred in violation of subdivision (a1)(1) of this section.
(b) Subdivisions (a)(1)and (a)(2) of this section shall apply only to sound recordings that wereinitially fixed prior to February 15, 1972. Federal copyright law, 17 U.S.C. §101 et seq., preempts State prosecution of the acts described in subdivisions(a)(1) and (a)(2) with respect to sound recordings initially fixed on or afterFebruary 15, 1972.
(c) This section shallnot apply to any person engaged in webcasting or radio or televisionbroadcasting who transfers, or causes to be transferred, any such sounds otherthan from the sound track of a motion picture intended for, or in connectionwith webcast, broadcast or telecast transmission or related uses, or forarchival purposes. An Internet service provider who is solely providing aconduit for access to the Internet, shall not be deemed to be using, or causingto be used, recordings that may be transferred over the Internet by thirdparties in violation of this Article. (1973, c. 1279, s. 1; 1989, c. 589, s. 1; 2003‑159,s. 2.)
