{"data":{"id":"us-ky/krs-434.445","jurisdiction":"us-ky","citation":"KRS 434.445","heading":"Unauthorized reproduction and distribution of recorded article or device","body":"for sale or rent -- Exemption -- Confiscation and destruction -- Penalties.\n(1) Any person who knowingly transfers or causes to be transferred any sounds\nrecorded on a phonograph  record, disc, wire, tape, film, or other article on which\nsounds are recorded, with the intent to sell or cause to be sold for profit or used to\npromote the sale of any product, such article on which sounds are so transferred\nwithout the consent of the ow ner, shall be guilty of a Class D felony. Each\nindividual manufacture of such recorded article shall constitute a separate offense.\n\"Owner,\" for purposes of this section, means the person who owns the original\nfixation of sounds embodied in the master phon ograph record, master disc, master\ntape, master film, or other device used for reproducing sounds on phonograph\nrecords, discs, tapes, films, or other articles upon which sound is recorded and from\nwhich the transferred recorded sounds are directly derived.\n(2) Any person who knowingly transfers or causes to be transferred to any phonograph\nrecord, disc, wire, tape, film, or other article, any performance, whether live before\nan audience or transmitted by wire or through the air by radio or television, with the\nintent to sell or cause to be sold for profit or used to promote the sale of any\nproduct, such article onto which such performance is or distributes, causes the\ndistribution of, or possesses for one (1) or more of these purposes, to be transferred\nwithout the consent of the performer, shall be fined not less than five hundred\ndollars ($500) nor more than three thousand dollars ($3,000) or confined in the\npenitentiary for not less than one (1) year nor more than five (5) years, or both. Each\nindividual transfer or manufacture of such recorded article shall constitute a\nseparate offense. For purposes of this section, a person who is authorized to\nmaintain custody and control over business records that reflect whether or not the\nowner of the live performance consented to having the live performance recorded or\nfixed is a proper witness in a proceeding regarding the issue of consent.\n(3) Any person who knowingly, or with reasonable grounds to know, advertises or\noffers for sale or resale, or sells or resells , or as a renter, rents or causes the rental\nof, or distributes or possesses for such purposes any sound recording manufactured\nwithout the consent of the owner, as defined in subsection (1) of this section, or any\nsound recording manufactured without the consent of the performer shall, be guilty\nof a Class D felony. Possession of five (5) or more duplicate copies or twenty (20)\nor more individual copies of such recorded articles, produced without the consent of\nthe owner, shall create a rebuttable presumpt ion that such devices are intended for\nsale or distribution in violation of this section. Each sale or resale of any such article\nshall constitute a separate offense.\n(4) Any person who knowingly sells or distributes, offers to sell or distribute, possesses\nfor the purpose of sale or distribution any phonograph record, disc, wire, tape, film,\nor other article now known or later developed on which sounds, images, or both\nsounds and images have been transferred unless such phonograph record, disc, wire,\ntape, film, or other article bears the true name and address of the transferor of the\nsounds and the name of the actual performer or group in a prominent place on its\npackaging shall be guilty of a Class D felony. Each sale or distribution of any such\narticle shall constitute a separate offense.\n(5) This section does not apply to any person who transfers or causes to be transferred\nany such sounds or images intended for or in connection with radio or television\nbroadcast or cable transmission or related uses, or  for archival purposes, or solely\nfor the personal use of the person transferring or causing the transfer and without\nany compensation being derived by the person from the transfer.\n(6) It shall be the duty of all peace officers within the Commonwealth of Kentucky and\nthe Department of Kentucky State Police upon discovery to confiscate the recorded\ndevices produced in violation of this section. Any recorded device produced in\nviolation of this section, which has come into the custody of a peace officer, shall be\nforfeited and destroyed by the court having jurisdiction. A record of the place where\nsaid recorded devices were seized, the kinds and quantities of recorded devices so\ndestroyed, and of the time, place, and manner of the destruction, shall be kept.","path":["KRS Chapter 434"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18884","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:49Z","sha256":"4597a6f8820c3a12b354f1991e1ecf7a0c9ed4f38869f1c051f51f8f867148bf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-434.444","next":"us-ky/krs-434.450"},"notice":"GroundRules: Original legal text. Not legal advice."}