2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2170 - Reproduction, live performances and labeling without the owners’ authorization

The penalty of imprisonment and a fine, as provided below, shall be imposed on any person who violates the provisions of §§ 2169—2171 of this title in any of the following modalities:
(a) Regarding recordings pressed for the first time prior to February 15, 1972, any person who knowingly, maliciously and fraudulently:
(1) Reproduces for sale or induces the transfer of a recording with intent to sell it, or induces the sale, or uses it, or induces its use to obtain personal financial gain or commercial benefit without the consent of the owner; or
(2) transports a recording within the territorial boundaries of the Commonwealth of Puerto Rico with the knowledge that the sounds have been transferred without the consent of the owner, in order to obtain personal financial gain or commercial benefit, or
(3) promotes, offers for sale, sells or rents or induces the sale, resale or rental, or possesses for one (1) or more of these purposes, any recording about which the person has knowledge of the fact that it has been [reproduced] or transferred without the consent of the owner, shall be charged with a felony and upon conviction shall be sanctioned with:
(A) A felony in the fourth degree in its inferior half, if the crime involves less than one hundred (100) sound recordings made without the authorization of the owner during any period of time;
(B) a felony in the fourth degree in its superior half, if the crimes involves more than one hundred (100) but less than one thousand (1,000) sound recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(C) a felony in the third degree in its inferior half, should the following circumstance exist:
(i) If the crime involves at least one thousand (1,000) sound recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(ii) if the accused has been previously convicted of the same crime.
(b) Any person who knowingly, maliciously and fraudulently:
(1) Promotes, offers for sale, sells, rents, transports or induces the sale, resale, rental or transportation or possesses recording of live performances obtained without the consent of the owner, in order to obtain personal financial gain or commercial benefit, or
(2) records, prints or induces the recording or printing of a live performance with intent to sell the aforesaid without the consent of the owner in order to obtain personal financial gain or commercial benefit, shall be charged with a felony and upon conviction shall be sanctioned with:
(A) A felony in the fourth degree in its inferior half, if the crime involves less than one hundred (100) sound recordings made without authorization or at least sixty-five (65) audiovisual recordings during any period of time.
(B) A felony in the fourth degree in its superior half, should the following circumstances exist:
(i) If the crime involves more than one hundred (100) but less that one thousand (1,000) sound recordings made without the authorization of the owner, or
(ii) more than seven (7) but less than sixty-five (65) audiovisual recordings made without the authorization of the owner during a period of one hundred and eighty (180) days.
(C) A felony in the third degree in its inferior half, should the following circumstances exist:
(i) If the crime involves at least one thousand (1,000) sound recordings or at least sixty-five (65) audiovisual recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(ii) if the accused has been previously convicted of the same crime.
(c) Any person who knowingly, maliciously and fraudulently:
(1) Promotes, offers for sale, sells, rents, transports or induces the sale, resale, rental or transportation or possesses a recording in order to obtain personal financial gain or commercial benefit when the cover, box, label or packaging of the recording fails to clearly show in a prominent place the true name and address of the manufacturer, shall be charged with a felony and upon conviction shall be sanctioned with:
(A) A felony in the fourth degree in its inferior half, if the crime involves less than one hundred (100) sound recordings made without the authorization of the owner or less than seven (7) audiovisual recording made without the authorization of the owner during any period of time.
(B) A felony in the fourth degree in its superior half, should the following circumstances exist:
(i) If the crime involves more than one hundred (100) but less that one thousand (1,000) sound recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(ii) more than seven (7) but less than sixty-five (65) audiovisual recordings made without the authorization of the owner during a period of one hundred and eighty (180) days.
(C) A felony in the third degree in its inferior half:
(i) If the crime involves at least one thousand (1,000) sound recordings made without authorization, or at least sixty-five (65) audiovisual recordings made without authorization during a period of one hundred and eighty (180) days, or
(ii) if the accused has been previously convicted of the same crime.
(d) Any juridical person who violates the provisions of this section shall be imposed the fines established in the Puerto Rico Penal Code to those [effects]. Any natural person who violates the provisions of this section shall be imposed the following fines depending on the classification of the crime:
(1) A felony in the fourth degree in its inferior half: a fine not to exceed $25,000.00.
(2) A felony in the fourth degree in its superior half: a fine of not less than $25,001.00, not to exceed $150,000.00.
(3) A felony in the third degree in its inferior half: a fine of not less than $150,001.00, not to exceed $250,000.00.
History —July 28, 1994, No. 43, § 3; Feb. 20, 2007, No. 12, § 1.