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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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