21-5806. Unlawful use of recordings. (a) Unlawful use of recordings is:
(1) Knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are 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 such duplicated sounds or any such recorded performance, or to give away such duplicated sounds or recorded performance as part of a promotion for any product or service;
(2) distributing or possessing with the intent to distribute, any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law;
(3) possessing any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law; or
(4) knowingly selling, renting, offering for sale or rental, or possessing, transporting or manufacturing with intent to sell or rent, any phonograph record, audio or video disc, wire, audio or video tape, film or other article now known or later developed on which sounds, images, or both sounds and images are recorded or otherwise stored, unless the outside cover, box or jacket clearly and conspicuously discloses the name and address of the manufacturer of such recorded article.
(b) Unlawful use of recordings:
(1) Is a severity level 9, nonperson felony, except as provided in subsections (b)(2) and (b)(3);
(2) as defined in subsection (a)(2) or (a)(4), is a class A nonperson misdemeanor if the offense involves fewer than seven audio visual recordings, or fewer than 100 sound recordings during a 180-day period; and
(3) as defined in subsection (a)(3), is a class B nonperson misdemeanor.
(c) The provisions of subsection (a)(1) shall not apply to:
(1) Any broadcaster who, in connection with or as part of a radio or television broadcast or cable transmission, or for the purpose of archival preservation, duplicates any such sounds recorded on a sound recording;
(2) any person who duplicates such sounds or such performance for personal use, and without compensation for such duplication; or
(3) any sounds initially fixed in a tangible medium of expression after February 15, 1972.
(d) The provisions of subsections (a)(1) and (a)(3) shall not apply to any computer program or any audio or visual recording that is part of any computer program or to any article or device on which is exclusively recorded any such computer program.
(e) As used in this section:
(1) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles now known or later developed upon which sound is recorded or otherwise stored, and from which the duplicated recorded sounds are directly or indirectly derived, or the person who owns the right to record such live performance; and
(2) "computer program" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
(f) It shall be the duty of all law enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of this section and that are possessed for the purpose of selling or renting such recorded devices, and all equipment and components used or intended to be used to knowingly manufacture recorded devices that do not conform to the provisions of such section for the purpose of selling or renting such recorded devices. The nonconforming recorded devices that are possessed for the purpose of selling or renting such recorded devices are contraband and shall be delivered to the district attorney for the county in which the confiscation was made, by court order, and shall be destroyed or otherwise disposed of, if the court finds that the person claiming title to such recorded devices possessed such recorded devices for the purpose of selling or renting such recorded devices. The equipment and components confiscated shall be delivered to the district attorney for the county in which the confiscation was made, by court order upon conviction, and may be given to a charitable or educational organization.
History: L. 2010, ch. 136, § 92; L. 2012, ch. 150, § 18; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 58 - Crimes Involving Property
21-5802 Theft of property lost, mislaid or delivered by mistake.
21-5803 Criminal deprivation of property.
21-5805 Unlawful acts involving theft detection shielding devices.
21-5806 Unlawful use of recordings.
21-5807 Burglary; aggravated burglary.
21-5809 Trespassing on railroad property.
21-5811 Commercial fossil hunting.
21-5812 Arson; aggravated arson.
21-5813 Criminal damage to property; aggravated criminal damage to property.
21-5814 Criminal use of an explosive.
21-5816 Tampering with a landmark.
21-5817 Tampering with a traffic signal; aggravated tampering with a traffic signal.
21-5820 Unlawful posting of political pictures and political advertisements.
21-5821 Giving a worthless check.
21-5822 Causing an unlawful prosecution for giving a worthless check.
21-5824 Making false information.
21-5826 Destroying a written instrument.
21-5827 Altering a legislative document.
21-5828 Criminal use of a financial card.
21-5829 Unlawful manufacture or disposal of false tokens.
21-5830 Impairing a security interest.
21-5831 Warehouse receipt fraud.
21-5832 Unauthorized delivery of stored goods.
21-5833 Automobile master key violation.
21-5834 Sale of recut or regrooved tires.
21-5835 Unlawful acts concerning odometers.
21-5836 Unlawful acts concerning certificates of title.
21-5837 Adding dockage or foreign material to grain.
21-5838 Conducting a pyramid promotional scheme.