AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Texas broadcasters are not expressly exempted from existing law prohibiting the unauthorized duplication of pre-1972 sound recordings.

 

H.B. 1043 seeks to clarify the 40-year-old state law and will expressly exempt Texas broadcasters from existing law prohibiting bootlegging of pre-1972 sound recordings in order to clarify and conform Texas laws with similar laws in 47 other states. The proposed revision will clarify that broadcasters’ public performance of pre-1972 sound recordings is not an activity that runs counter to state anti-piracy law protecting such recordings. Congress has passed legislation for recordings made after 1972; however, states are permitted to continue protection for pre-1972 sound recordings until 2067, at which time all state protection will be preempted by federal law and pre-1972 sound recordings will enter the public domain. In adopting laws to protect against piracy of pre-1972 sound recordings, 47 states included express exemptions for activities such as broadcasting.

 

H.B. 1043 amends current law relating to the offense of the unauthorized duplication of certain recordings.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 641.051, Business & Commerce Code, by adding Subsection (e) to provide that this section (Unauthorized Duplication of Certain Recordings) does not apply to a person engaged in radio or television broadcasting who transfers, or causes to be transferred, a recording intended for or in connection with a radio or television broadcast or for archival purposes.

 

SECTION 2.  Makes application of 641.051, Business & Commerce Code, as amended by this Act, prospective.

 

SECTION 3.  Effective date: upon passage or September 1, 2013.