(1) A person commits an offense if the person:

     (a) Knowingly reproduces for sale or causes to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain without the consent of the owner;

     (b) Transports within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds have been reproduced or transferred without the consent of the owner; or

     (c) Advertises, offers for sale, sells, or rents, or causes the sale, resale, or rental of or possesses for one or more of these purposes any recording that the person knows has been reproduced or transferred without the consent of the owner.

     (2)(a) An offense under this section is a class B felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or both if:

     (i) The offense involves at least one thousand unauthorized recordings during a one hundred eighty-day period; or

     (ii) The defendant has been previously convicted under this section.

     (b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than five years, or both, if the offense involves more than one hundred but less than one thousand unauthorized recordings during a one hundred eighty-day period.

     (c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five thousand dollars, imprisonment for not more than one year, or both.

     (3) This section does not affect the rights and remedies of a party in private litigation.

     (4) This section applies only to recordings that were initially fixed before February 15, 1972.

[2003 c 53 § 143; 1991 c 38 § 2; 1974 ex.s. c 100 § 2.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.