BILL ANALYSIS
SB 830
Page 1
SENATE THIRD READING
SB 830 (Wright)
As Amended August 17, 2010
Majority vote
SENATE VOTE :36-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Conway, |
| |Gilmore, Hill, | |Bradford, |
| |Portantino, Skinner | |Huffman, Coto, Davis, De |
| | | |Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Expands the definition of a "recording" for the
purposes of prosecution for failing to disclose the origin of a
recording when utilizing the recording for financial gain, as
specified. Specifies that "recordings" shall include memory
cards, flash drives, hard-drives, or data storage devices.
EXISTING LAW :
1)States that a person is guilty of failure to disclose the
origin of a recording or audiovisual work if, for commercial
advantage or private financial gain, he or she knowingly
advertises or offers for sale or resale, or sells or resells,
or causes the rental, sale or resale, or rents, or
manufactures, or possesses for these purposes, any recording
or audiovisual work, the cover, box, jacket, or label of which
does not clearly and conspicuously disclose the actual true
name and address of the manufacturer thereof and the name of
the actual author, artist, performer, producer, programmer, or
group thereon. This section does not require the original
manufacturer or authorized licensees of software producers to
disclose the contributing authors or programmers.
2)Defines "recording" as any tangible medium upon which
information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette,
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wire, film, or other medium on which information or sounds are
recorded or otherwise stored, but does not include sounds
accompanying a motion picture or other audiovisual work.
3)Defines "audiovisual works" as the physical embodiment of
works that consist of related images that are intrinsically
intended to be shown using machines or devices such as
projectors, viewers, or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of the
material objects such as films or tapes on which the works are
embodied. Specifies disks, memory cards, flash drives, hard
drives, data storage devices, or other devices as examples of
material objects on which works may be stored.
4)States that any person who has been convicted piracy as
specified shall be punished as follows:
a) If the offense involves the advertisement, offer for
sale or resale, sale, rental, manufacture, or possession
for these purposes, of at least 100 articles of audio
recordings or 100 articles of audiovisual works, as
specified, the person shall be punished by imprisonment in
a county jail not to exceed one year, or by imprisonment in
the state prison for two, three, or five years, or by a
fine not to exceed $250,000, or by both; and,
b) Any other violation not described immediately above,
shall, upon a first offense, be punished by imprisonment in
a county jail not to exceed one year, or by a fine not to
exceed $25,000, or by both. A second or subsequent
conviction shall be punished by imprisonment in a county
jail not to exceed one year or in the state prison, or by a
fine not to exceed $100,000, or by both.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Unknown General Fund costs, potentially in excess of $150,000,
for additional state prison commitments. In 2009, 33 persons
were committed to state prison under the section this bill
would expand. If the proposed expansion or clarification in
this bill results in three additional three-year, mid-term
commitments at current per capita costs, the annual cost would
be about $175,000.
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2)Unknown, non-reimbursable local incarceration costs, offset to
a degree by increased fine revenue.
COMMENTS : According to the author, "SB 830 will clarify
existing piracy laws by expanding the term 'recording' to
include all newer forms of storage media. California has a
serious problem with intellectual property piracy. Nearly
one-half billion dollars in revenue were lost by the state and
local governments due to counterfeited goods, including music
and movies. The state's existing statute to protect against
music piracy has not kept pace with latest downloading
technologies such as memory cards, flash drives, and data
storage devices. SB 830 is intended to plug this loophole in
the law. SB 830 is supported by the Recording Industry
Association of America. The bill has no opposition."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0006159