Michigan Laws 752.1052 – Prohibited conduct; applicability of subsection (1)(a) and (b)
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(1) A person shall not directly or indirectly do any of the following:
(a) Transfer a live performance onto a recording without the consent of the owner for commercial advantage or private financial gain.
Terms Used In Michigan Laws 752.1052
- Owner: means a person who owns the sounds fixed in a master recording on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance. See Michigan Laws 752.1051
- Person: means an individual, partnership, corporation, association, limited liability company, or other legal entity. See Michigan Laws 752.1051
- Recording: means the tangible medium upon which sounds or images are recorded or otherwise stored. See Michigan Laws 752.1051
- shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
(b) Transfer the sounds on a recording onto another recording without the consent of the owner for commercial advantage or private financial gain. This subdivision does not apply to either of the following:
(i) A sound recording initially fixed after February 15, 1972.
(ii) A person engaged in radio or television broadcasting or cablecasting who transfers or causes to be transferred sounds intended for, or in connection with, a broadcast or cable transmission or related use.
(c) Sell, rent, distribute, transport, or possess for the purpose of selling, renting, distributing, or transporting, or any combination thereof, a recording with knowledge that the recording was manufactured in violation of subdivision (a) or (b).
(d) Sell, rent, distribute, transport, or possess for the purpose of selling, renting, distributing, or transporting, or any combination thereof, a recording with knowledge that the recording is in violation of section 3.
(2) Subsection (1)(a) and (b) shall not apply to recordings that are transferred solely for the personal use of the person transferring the recording and the person does not derive any compensation from the transfer.