59.1-41.2 - Recording of live concerts or recorded sounds and distribution, etc., of such recordings unlawful in certain circumstances.

§ 59.1-41.2. Recording of live concerts or recorded sounds and distribution,etc., of such recordings unlawful in certain circumstances.

It shall be unlawful for any person to:

1. Knowingly transfer or cause to be transferred, directly or indirectly byany means, any sounds at a live concert or any sounds recorded on aphonograph record, disc, wire, tape, film, videocassette, or other articlenow known or later developed on which sounds are recorded, with the intent tosell, rent or cause to be sold or rented, or to be used for profit throughpublic performance, such article on which sounds are so transferred, withoutconsent of the owner; or

2. For commercial advantage or private financial gain, manufacture,distribute, transport or wholesale, or cause to be manufactured, distributed,transported or sold as wholesale, or possess for such purposes any articlewith the knowledge that the sounds are so transferred, without consent of theowner.

This section shall not apply to any person engaged in radio or televisionbroadcasting who transfers, or causes to be transferred, any such soundsother than from the sound track of a motion picture intended for, or inconnection with broadcast or telecast transmission or related uses, or forarchival purposes.

(1972, c. 618; 1989, c. 240.)