Texas Senate Bill SB1835

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/29/09
• Voted on by Senate: 5/4/09
• Out of House Committee: 5/23/09

Caption

Relating to the offenses of unauthorized duplication, unauthorized recording, and improper labeling of recordings.

Impact

The proposed changes to the law suggest a significant tightening of penalties for those convicted of copyright violations. For instance, the bill delineates specific punishments based on the number of unauthorized recordings involved, with harsher penalties for repeat offenders and those involved in large-scale operations. This structured approach intends to deter infringements on copyright for economic gain and enhance the protection of intellectual property rights in the state.

Summary

Senate Bill 1835 addresses the offenses associated with the unauthorized duplication, recording, and labeling of recordings, seeking to tighten regulations and penalties in these areas. This bill redefines and transfers existing statutes from the Business & Commerce Code to the Penal Code, indicating a shift towards treating these offenses with more severe legal implications. Key definitions are clarified within the context of recordings, focusing on terms such as 'owner,' 'recording,' and 'live performance' to remove ambiguities surrounding copyright ownership and unauthorized usage.

Contention

Points of contention may arise regarding the breadth of penalties and the potential for overreach in enforcement. The classification of certain behaviors as punishable offenses, particularly in regards to amateur recordings or individual actions in jurisdictions that may see a disparate level of enforcement, could lead to ongoing debates about the balance between protecting rights holders and stifling individual freedom or creativity. Moreover, there may be concerns from smaller entities or individuals who engage in recording performances for personal use, fearing they may unintentionally fall afoul of these stricter regulations.