(a) Unauthorized Acts. — Anyone
who, without the consent of the performer or performers involved —
(1) fixes the sounds or sounds and images
of a live musical performance in a copy or phonorecord, or reproduces copies or
phonorecords of such a performance from an unauthorized fixation,
(2)
transmits or otherwise communicates to the public the sounds or sounds and images
of a live musical performance, or
(3) distributes or
offers to distribute, sells or offers to sell, rents or offers to rent, or traffics
in any copy or phonorecord fixed as described in paragraph (1), regardless of
whether the fixations occurred in the United States,
shall
be subject to the remedies provided in sections 502 through 505, to the same extent
as an infringer of copyright.
(b) Definition. — As used
in this section, the term “traffic in” means transport, transfer,
or otherwise dispose of, to another, as consideration for anything of value,
or make or obtain control of with intent to transport, transfer, or dispose
of.
(c) Applicability. — This
section shall apply to any act or acts that occur on or after the date of
the enactment of the Uruguay Round Agreements Act.
(d) State Law Not Preempted. — Nothing
in this section may be construed to annul or limit any rights or remedies
under the common law or statutes of any State.
1In 1994, the Uruguay Round Agreements
Act added chapter 11, entitled “Sound Recordings and Music Videos,” to title
17. Pub. L. No. 103-465, 108 Stat. 4809, 4974.
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