Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Intellectual Property topic
No spam. Unsubscribe anytime.
House adopts anti‑piracy labeling and penalties in H.B. 402 after amendment to mens rea
Summary
Lawmakers passed H.B. 402 to curb illegal duplicating of audio and video for profit, adding an amendment to require that the seller 'knows' the recording is falsely labeled. The bill creates graduated penalties and passed the House 64–0.
SALT LAKE CITY — The Utah House approved H.B. 402 on Feb. 24, a statute aimed at curbing unauthorized duplication and sale of video and audio recordings by imposing a "true name and address" requirement and criminal penalties for violations.
Representative Brent H. Goodfellow, sponsor of the bill, told the House that the measure targets illegal duplicators who sell pirated tapes and that state prosecution is needed when federal authorities decline smaller cases. The bill sets graduated penalties tied to quantities copied: a class B misdemeanor for 10 or fewer copies, a class A misdemeanor for 10–100 copies, and a third‑degree felony for more than 100 copies when done for profit.
Lawmakers debated an amendment proposed by Representative Howard to insert the phrase "knows that" into the criminal standard, to avoid penalizing a reseller who unknowingly receives pirated product. After discussion, the House adopted the amendment, changing the standard to require knowledge by the seller that the recording does not contain accurate manufacturer information.
Representative Goodfellow defended the bill as a "true name and address" statute to enable state prosecution and enforcement when piracy harms legitimate retailers and creators. "If you copy them and don't put your name and address on them, then you're guilty for not putting it on," he said, explaining the intended enforcement mechanism.
The bill passed the House by voice/roll call (64 yes, 0 no) and moves to the Senate.
What’s next: If enacted, the law will allow state prosecutors to pursue smaller‑scale piracy cases and requires retailers and manufacturers to ensure product labeling accurately identifies the source.
