30-13-143. Sale of unauthorized sound recordings prohibited. (1) No person may knowingly, or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recording that has been produced without the consent of the owner. Possession of 5 or more duplicate copies or 20 or more individual copies of such sound recording produced without the consent of the owner creates a rebuttable presumption that the copies are intended for sale or distribution in violation of this section.
(2) No person may knowingly, or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recordings embodying any performance, whether live before an audience or transmitted by wire or through the air by radio or television, without the prior express written consent of the performer.
(3) A person convicted of violating this section shall be fined no more than $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. Sec. 3, Ch. 367, L. 1977; R.C.M. 1947, 85-603.
Structure Montana Code Annotated
Chapter 13. Assumed Business Names, Trademarks, and Related Rights
30-13-108. through 30-13-110 reserved
30-13-113. through 30-13-120 reserved
30-13-121. Goodwill of business
30-13-122. Goodwill transferable
30-13-123. through 30-13-130 reserved
30-13-131. Product of the mind -- ownership
30-13-134. Effect of publication
30-13-135. Subsequent inventor or author
30-13-137. through 30-13-140 reserved
30-13-142. Unauthorized manufacture of sound recordings prohibited
30-13-143. Sale of unauthorized sound recordings prohibited
30-13-148. through 30-13-150 reserved
30-13-152. Bad faith assertion of patent right