720 ILCS 5/16-7 – Unlawful Use of Recorded Sounds or Images
This law makes it illegal to sell or profit from copies someone made of recorded sounds or videos without the owner’s permission.
This law says people can’t sell or share music, videos, or live performances that belong to someone else without permission. It also explains the penalties and possible fines for breaking this rule.
(a) A person breaks this law if they knowingly or carelessly do any of the following:
- Copy or cause copies to be made of recorded sounds or videos without the owner’s consent, to sell them or make money from them.
- Sell, advertise, or use for profit any copied recording without the owner’s consent.
- Offer or rent out equipment so someone else can copy recordings without the owner’s consent.
- Copy a live performance without the performer’s consent, to sell or make money from it.
(b) A person also breaks this law if they make or sell recordings that don’t clearly show who made them, especially if doing so for profit.
(c) “Owner” means the person who made or owns the original recording or has the rights to record a live performance. “Manufacturer” means the person who actually makes the recording, not someone who only makes blank media or cases.
(d) Sentence: Breaking this law is a Class 4 felony. However:
- If it involves more than 100 but not over 1,000 sound recordings, or more than 7 but not over 65 video recordings, and they were made within 180 days of each other, the fine can be up to $100,000.
- If it involves more than 1,000 sound recordings or over 65 video recordings made within 180 days of each other, the fine can be up to $250,000.
(e) People convicted under this law must repay the rightful owners for their losses, including costs of the investigation.
(f) This law does not affect private lawsuits between people over similar issues.
(g) This law does not apply to radio or TV stations that copy sounds only for broadcasting purposes (with the exception of movie soundtracks).
(h) Each act of copying, selling, or distributing illegal recordings counts as a separate crime.
(i) The court can take and destroy illegal recordings after the case ends, unless they need to be kept as evidence for other cases or appeals.
(j) It is a defense if the copied sounds or images are from public domain materials – meaning their copyright has expired.
(k) This law only applies to sound recordings made before February 15, 1972 (and not to movie soundtracks).
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