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a tangible medium on which sounds or images are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other similar medium; or
(b)
a copy or reproduction that duplicates the original in whole or in part.
(2)
A person is guilty of failure to disclose the origin of a recording if:
(a)
the person commits any of the following acts for commercial advantage or private financial gain:
(i)
offers a recording for sale, resale, or rent;
(ii)
sells, resells, rents, leases, or lends a recording; or
(iii)
possesses a recording for any of the purposes described in Subsection (2)(a)(i) or (ii); and
(b)
the person knows that the recording does not contain the true name and address of the manufacturer in a prominent place on its cover, jacket, or label.
(3)
A person who fails to disclose the origin of a recording under Subsection (2) is guilty of:
(a)
a felony of the third degree if the offense involves 100 or more recordings, or the commercial equivalent of 100 or more recordings, during a 180-day period or if the person has previously been convicted of a violation of this section;
(b)
a class A misdemeanor if the offense involves at least 10 recordings and fewer than 100 recordings, or the commercial equivalent of at least 10 recordings and fewer than 100 recordings, during a 180-day period; or
(c)
a class B misdemeanor if the offense involves fewer than 10 recordings or fewer than the commercial equivalent of 10 recordings.
(4)
In addition to the penalties provided in Subsection (3), a court may order a person who commits a violation of Subsection (2) to forfeit any recordings in the person’s possession that served as the basis for the violation of Subsection (2).
