47-21.1-02. Unauthorized transfer of recorded sound or the recording of any
performance prohibited.
It is hereby declared unlawful for any person to knowingly:
1. Transfer or cause to be transferred any sounds recorded on a phonograph record,
disc, tape, wire, film, or other article on which sounds are recorded, with the intent to
sell or cause to be sold for profit, or used to promote the sale of any product, any
article on which sounds are so transferred without the express consent of the owner.
2. And without the consent of the performer, transfer to or cause to be transferred to any
phonograph record, disc, wire, tape, film, or other article, 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
product, such article onto which such performance is so transferred.
3. Or with reasonable grounds to know, advertise, or offer for sale or resale, or sell or
resell, distribute or possess for such purposes, any recorded article that has been
produced without the consent of the owner. Possession of five or more duplicate
copies, or twenty or more individual copies of such recorded articles, produced without
the consent of the owner, shall create a rebuttable presumption that such devices are
intended for sale or distribution in violation of this section.
4. Or with reasonable grounds to know, sell or resell, distribute or possess for such
purposes, any phonograph record, disc, wire, tape, film, or other article embodying any
performance, whether live before an audience, or transmitted by wire or through the air
by radio or television, recorded without the consent of the performer.
