§ 54-195. Articles containing unauthorized recordation of sounds of live performances; transportation; definitions; presumption of ownership; proper witnesses; violations; punishment.

(a)

Any person who transports or causes to be transported for monetary or other consideration within the parish, any article containing sounds of a live performance with the knowledge that the sounds thereon have been recorded or mastered without the consent of the owner of the sounds of the live performance is guilty of a public offense punishable as provided in paragraph (g) of this section.

(b)

As used in this section:

(1)

Live performance means the recitation, rendering, or playing of a series of musical, spoken, or other sounds in any audible sequence thereof.

(2)

Article means the original disc, wire, tape, film, phonograph record, or other recording device used to record or master the sounds of the live performance and any copy or reproduction thereof which duplicates, in whole or in part, the original.

(3)

Person means any individual, partnership, partnership member or employee, corporation, association, or corporation or association employee, officer, or director, limited liability company, or limited liability company manager or officer.

(c)

In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds.

(d)

For purposes of this section, a person who is authorized to maintain custody and control over business records reflecting the consent of the owner to the recordation or master recording of a live performance shall be a proper witness in any proceeding regarding the issue of consent.

Any witness called pursuant to this section shall be subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered.

(e)

This section shall neither enlarge nor diminish the rights and remedies of parties to a recording or master recording which they might otherwise possess by law.

(f)

This section shall not apply to persons engaged in radio or television broadcasting or cablecasting who record or fix the sounds of a live performance for, or in connection with, broadcast or cable transmission and related uses in educational television or radio programs, for archival purposes, or for news programs or purposes if the recordation or master recording is not commercially distributed independent of the broadcast or cablecast by or through the broadcasting or cablecasting entity to subscribers or the general public.

(g)

Any person who has been convicted of a violation of paragraph (a), shall be punished by imprisonment not to exceed six months, or by a fine not to exceed $500.00, or by both, if the offense involves the transportation or causing to be transported of not less than 1,000 articles described in subdivision (a).

(M.C.S., Ord. No. 21,322, § 3, 11-6-03)