13-10-8. Failure to disclose the origin of a recording -- Penalty.
(1) For purposes of this section "recording" means: a tangible medium on which sounds or images are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other similar medium; or a copy or reproduction that duplicates the original in whole or in part.
(2) A person is guilty of failure to disclose the origin of a recording if: the person commits any of the following acts for commercial advantage or private financial gain: offers a recording for sale, resale, or rent; sells, resells, rents, leases, or lends a recording; or possesses a recording for any of the purposes described in Subsectionor; and (2)(a)(i) (ii) the person knows that the recording does not contain the true name and address of the manufacturer in a prominent place on its cover, jacket, or label.
(3) A person who fails to disclose the origin of a recording under Subsectionis guilty of: (2) a felony of the third degree if the offense involves 100 or more recordings, or the commercial equivalent of 100 or more recordings, during a 180-day period or if the person has previously been convicted of a violation of this section; a class A misdemeanor if the offense involves at least 10 recordings and fewer than 100 recordings, or the commercial equivalent of at least 10 recordings and fewer than 100 recordings, during a 180-day period; or a class B misdemeanor if the offense involves fewer than 10 recordings or fewer than the commercial equivalent of 10 recordings.
(4) In addition to the penalties provided in Subsection, a court may order a person who commits a violation of Subsectionto forfeit any recordings in the person's possession that served as the basis for the violation of Subsection. (3) (2) (2)