§ 1101. — Unauthorized fixation and trafficking in sound recordings and music videos.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1101]
TITLE 17--COPYRIGHTS
CHAPTER 11--SOUND RECORDINGS AND MUSIC VIDEOS
Sec. 1101. Unauthorized fixation and trafficking in sound
recordings and music videos
(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.
(Added Pub. L. 103-465, title V, Sec. 512(a), Dec. 8, 1994, 108 Stat.
4974.)
References in Text
The date of the enactment of the Uruguay Round Agreements Act,
referred to in subsec. (c), is the date of enactment of Pub. L. 103-465,
which was approved Dec. 8, 1994.