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21-1978.


21-1978.
   
   A. It shall be unlawful for any person to knowingly and without the
   written consent of the owner, transfer or cause to be transferred to
   any article or sound recording or otherwise reproduce for sale, any
   performance, whether live before an audience or transmitted by wire or
   through the air by radio or television, with the intent to sell or
   cause to be sold for profit or used to promote the sale of any article
   or product.
   
   B. A violation of this section involving less than one hundred
   articles shall constitute a misdemeanor, and shall, upon conviction,
   be punishable by a fine not to exceed Five Thousand Dollars
   ($5,000.00).
   
   C. A violation of this section involving one hundred or more articles
   shall constitute a felony, and shall, upon conviction, be punishable
   by a fine not to exceed Fifty Thousand Dollars ($50,000.00), or by
   imprisonment in the State Penitentiary for a term not more than five
   (5) years, or both such fine and imprisonment.
   
   D. A second or subsequent conviction for a violation of this section
   shall constitute a felony, and shall, upon conviction, be punishable
   by a fine not to exceed One Hundred Thousand Dollars ($100,000.00) or
   by imprisonment in the State Penitentiary for a term not less than two
   (2) years nor more than five (5) years, or both such fine and
   imprisonment.
   

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