Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-43A-1 Owner defined
0.4K chars
The term "owner," as used in this chapter, shall mean any person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master wire, master film, or other device used for reproducing recorded sounds on phonograph records, disc…
SDCL § 43-43A-2 Pirating recorded sound or dealing in pirated recordings as felony
0.7K chars
Except as provided in § 43-43A-4 , or with the express consent of the owner, it is a Class 6 felony 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 sound is recorded…
SDCL § 43-43A-3 Sale of recordings without identification of manufacturer and performers as felony
0.6K chars
It is a Class 6 felony for any person to distribute, advertise, circulate, sell, or offer for sale or possess for the purpose of sale, at wholesale or retail, any phonograph record, disc, tape, wire, film, or other article on which sounds have been transferred, unless such phonog…
SDCL § 43-43A-4 Broadcast media, home recording, judicial and administrative proceedings exempt
0.7K chars
The provisions of this chapter shall not apply to: (1) Any person engaged in radio or television broadcasting who transfers, or causes to be transferred any recorded sounds as a part of a radio or television broadcast or for archival preservation; or (2) Any person who transfers …
SDCL § 43-43A-7 Each transaction as separate offense
0.2K chars
Each and every individual and separate manufacture, distribution, sale, or offer of sale, at wholesale of a recorded article prohibited by this chapter shall constitute a separate offense and be punishable as such. Source: SL 1975, ch 172 , § 5.