and 164.872 apply only to persons operating commercial enterprises. [1993

164.869 and 164.872 apply only to persons operating commercial enterprises. [1993 c.95 �2]

����� Note: See note under 164.864.

����� 164.868 Unlawful labeling of a sound recording. (1) A person commits unlawful labeling of a sound recording if the person:

����� (a) Fails to disclose the origin of a sound recording when the person knowingly advertises or offers for sale or resale, sells, resells, rents, leases, or lends or possesses for any of these purposes, any sound recording that does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket or label of the sound recording; and

����� (b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.

����� (2) Unlawful labeling of a sound recording is a Class C felony. [1993 c.95 �7]

����� Note: See note under 164.864.

����� 164.869 Unlawful recording of a live performance. (1) A person commits unlawful recording of a live performance if the person:

����� (a)(A) Advertises or offers for sale, sells, rents, transports, or causes the sale, resale, rental or transportation of, or possesses for one or more of these purposes, a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or

����� (B) With the intent to sell, records or fixes, or causes to be recorded or fixed on a recording, a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; and

����� (b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.

����� (2) Unlawful recording of a live performance is a Class C felony.

����� (3) For purposes of subsections (1) and (2) of this section, in the absence of a written agreement or law to the contrary, the performer of a live performance is presumed to own the rights to record or fix the performance.

����� (4) A person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent. [1993 c.95 ��5,6]

����� Note: See note under 164.864.

����� 164.870 [Repealed by 1957 c.269 �1; (164.871 enacted in lieu of 164.870)]

����� 164.871 [1957 c.269 �2 (enacted in lieu of