(1) A person is guilty of failure to disclose the origin of a recording when, for commercial advantage or private financial gain, the person knowingly advertises, or offers for sale, resale, or rent, or sells or resells, or rents, leases, or lends, or possesses for any of these purposes, any recording which does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket, or label of the recording.

     (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 hundred 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 ten but less than one hundred 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.

[2003 c 53 § 145; 1991 c 38 § 4; 1974 ex.s. c 100 § 4.]

NOTES:

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