(a) A person commits an offense if:
(1) for commercial advantage or private financial gain, the person knowingly:
(A) advertises, offers for sale, sells, rents, or transports a recording;
(B) causes the sale, resale, rental, or transportation of a recording; or
(C) possesses a recording for a purpose described by Paragraph (A) or (B); and
(2) the outside cover, box, or jacket of the recording does not clearly and conspicuously disclose:
(A) the actual name and address of the manufacturer; and
(B) the name of the performer or group.
(b) An offense under this section is punishable by:
(1) imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if:
(A) the offense involves at least 65 unauthorized recordings during a 180-day period; or
(B) the defendant has been previously convicted under this section;
(2) imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than seven but fewer than 65 unauthorized recordings during a 180-day period; or
(3) confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2).
Terms Used In Texas Business and Commerce Code 641.054
- defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005