§ 1101. Unauthorized fixation and trafficking in sound recordings and music videos

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–465 title V § 512(a) · 108 Stat. 4809

   Enacted · 17 U.S.C. § 1101

   Added Pub. L. 103–465, title V, § 512(a), Dec. 8, 1994, 108 Stat. 4974

   Source evidence

   Code source credit
   Added Pub. L. 103–465, title V, § 512(a), Dec. 8, 1994, 108 Stat. 4974

   Enacted provision · exact public law section
   (a) In General.— Title 17, United States Code, is amended by adding at the end the following new chapter: “CHAPTER 11— SOUND RECORDINGS AND MUSIC VIDEOS “Sec. “1101. Unauthorized fixation and trafficking in sound recordings and music videos. “§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 five 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 snail 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”.

2. 2006

   Protecting American Goods and Services Act of 2005

   Pub. L. 109–181 § 2(c)(3) · 120 Stat. 285

   1. Added · 17 U.S.C. § 1101(b)

      Pub. L. 109–181 added subsec. (b)

   2. Struck · 17 U.S.C. § 1101(b)

      Pub. L. 109–181 struck out heading and text of former subsec. (b). Text read as follows: “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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–181 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “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.”

   Enacted provision · exact public law section
   (3) Anti-bootlegging.— Section 1101 of title 17, United States Code, is amended by striking subsection (b) and inserting the following: “(b) Definition.— In this section, the term ‘traffic’ has the same meaning as in section 2320(e) of title 18.” .

3 of 3 references resolved to an enrolled provision