(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 the actual name and address of the manufacturer.
(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 imprisonment and the fine, if:
(A) the offense involves 65 or more improperly labeled recordings, or the commercial equivalent thereof, 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 imprisonment and the fine, if the offense involves more than seven but fewer than 65 improperly labeled recordings, or the commercial equivalent thereof, 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 confinement and the fine, 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