Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 221-S.F.No. 1036 
           An act relating to commerce; trade practices; 
          regulating transfers and sales of recordings; 
          prescribing penalties; amending Minnesota Statutes 
          1992, sections 325E.17; 325E.18; 325E.19; and 609.531, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapter 325E; repealing Minnesota 
          Statutes 1992, section 325E.20. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325E.169] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purpose of sections 
325E.169 to 325E.201, the terms defined in this section have the 
meanings given them. 
    Subd. 2.  [PERSON.] "Person" means an individual, firm, 
partnership, limited liability company, corporation, or 
association. 
    Subd. 3.  [OWNER.] "Owner" means the person who owns the 
sounds or images fixed in a master recording upon which sounds 
or images are recorded and from which the transferred recorded 
sounds or images are directly or indirectly derived. 
    Subd. 4.  [RECORDING.] "Recording" means the tangible 
medium on which sounds or images are recorded or otherwise 
stored and includes a phonograph record, disc, tape, audio or 
video cassette, wire, film, or other medium now known or later 
developed on which sounds or images may be recorded or stored. 
    Sec. 2.  Minnesota Statutes 1992, section 325E.17, is 
amended to read: 
    325E.17 [UNLAWFUL TRANSFER OF SOUNDS; TRANSFERS OR SALES OF 
RECORDINGS.] 
    Unless exempt under section 325E.19, it is unlawful for any 
person, firm, partnership, corporation, or association knowingly 
to (a): 
    (1) for commercial purposes to transfer or cause to be 
transferred any sounds recorded on a phonograph record, disc, 
wire, tape, film, or other article on which sounds are recorded 
onto any other phonograph record, disc, wire, tape, film, or 
article or images from one recording to another recording; or 
    (b) (2) to sell, distribute, circulate, offer for sale, 
distribution or circulation, possess for the purpose of sale, 
distribution or circulation, or cause to be sold, distributed or 
circulated, offered for sale, distribution or circulation, or 
possessed for sale, distribution or circulation, any article, or 
device on which sounds have been transferred, recording without 
the consent of the person who owns owner of the master 
phonograph record, master disc, master tape, or other device or 
article from which the sounds are derived recording.  
    Sec. 3.  Minnesota Statutes 1992, section 325E.18, is 
amended to read: 
    325E.18 [IDENTITY OF TRANSFEROR.] 
    It is unlawful for any person, firm, partnership, 
corporation or association for commercial purposes to sell, 
distribute, circulate, offer for sale, distribution or 
circulation, or possess for the purpose of sale, distribution or 
circulation, any phonograph record, disc, wire, tape, film or 
other article on which sounds have been transferred recording 
unless such phonograph record, disc, wire, tape, film or other 
article the recording bears the actual name and address of the 
transferor of the sounds or images in a prominent place on its 
outside face, label, or package. 
    Sec. 4.  Minnesota Statutes 1992, section 325E.19, is 
amended to read: 
    325E.19 [EXEMPTIONS.] 
    Sections 325E.17 325E.169 to 325E.20 325E.201 do not apply 
to any person who transfers or causes to be transferred any such 
sounds recordings (a) intended for or in connection with radio 
or television broadcast transmission or related uses, (b) for 
archival purposes, (c) for library purposes, (d) for educational 
purposes, or (e) solely for the personal use of the person 
transferring or causing the transfer and without any 
compensation being derived by the person from the transfer. 
    Sec. 5.  [325E.201] [VIOLATIONS; PUNISHMENT.] 
    A violation of section 325E.17 or 325E.18 is a felony and 
is punishable upon conviction by: 
    (1) a fine of not more than $100,000, or imprisonment for 
not more than two years, or both, if the violation is a first 
offense involving more than 100 but not more than 1,000 sound 
recordings or more than seven but not more than 65 audio-visual 
recordings; 
    (2) a fine of not more than $250,000, or imprisonment for 
not more than five years, or both, if the violation is a second 
or subsequent offense, or involves more than 1,000 sound 
recordings or more than 65 audio-visual recordings; or 
    (3) a fine of not more than $25,000, or imprisonment for 
not more than a year and a day, or both, for any other violation.
     Sec. 6.  Minnesota Statutes 1992, section 609.531, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5317, the following terms have the meanings given 
them.  
    (a) "Conveyance device" means a device used for 
transportation and includes, but is not limited to, a motor 
vehicle, trailer, snowmobile, airplane, and vessel and any 
equipment attached to it.  The term "conveyance device" does not 
include property which is, in fact, itself stolen or taken in 
violation of the law.  
    (b) "Weapon used" means a weapon used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
    (c) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
    (d) "Contraband" means property which is illegal to possess 
under Minnesota law.  
    (e) "Appropriate agency" means the bureau of criminal 
apprehension, the Minnesota state patrol, a county sheriff's 
department, the suburban Hennepin regional park district park 
rangers, the department of natural resources division of 
enforcement, the University of Minnesota police department, or a 
city or airport police department.  
    (f) "Designated offense" includes:  
    (1) for weapons used:  any violation of this chapter; 
    (2) for all other purposes:  a felony violation of, or a 
felony-level attempt or conspiracy to violate, section 325E.17; 
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 
609.563; 609.582; 609.59; 609.595; 609.631; 609.671, 
subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 
609.86; 609.88; 609.89; 609.893; 617.246; or a gross misdemeanor 
or felony violation of section 609.891.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4. 
    Sec. 7.  [REPEALER.] 
    Minnesota Statutes 1992, section 325E.20, is repealed. 
     Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective October 1, 1993, and apply to 
crimes committed on or after that date. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 11:08 a.m.