SECTIONS 21800-21806 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 21800-21806

21800. Every person who manufactures an optical disc for commercial
purposes shall permanently mark each manufactured optical disc with
an identification mark that identifies the name of the manufacturer
and the state in which the optical disc was manufactured or,
alternatively, a unique identifying code that will allow law
enforcement personnel to determine the name of the manufacturer and
the state in which the optical disc was manufactured.

21801. The identification mark required by this chapter shall be
affixed by molding, diestamping, etching, or other permanent method
in a manner in which it is clearly visible without the aid of
magnification or special devices to read the mark.

21802. For purposes of this chapter, a person manufactures an
optical disc for commercial purposes if that person manufactures at
least 10 of the same or different optical discs in a 180-day period
by storing information on the disc for the purposes of resale by that
person or others. For the purposes of this chapter, "manufacturer"
means a person who replicates the physical optical disc or produces
the master used in any optical disc replication process. It does not
include a person who manufactures optical discs for internal use,
testing, or review, or a person who manufactures blank optical discs.

21803. For purposes of this chapter, an optical disc is a disc
capable of being read by a laser or other light source on which data
is stored in digital form. It includes, but is not limited to, discs
known as CDs, DVDs, or related mastering source materials.

21804. Except as otherwise provided in this chapter, any
manufacturer of optical discs who violates this chapter is guilty of
a misdemeanor, and shall be subject to a fine of not less than five
hundred dollars ($500) and not more than five thousand dollars
($5,000) for a first offense, and shall be subject to a fine of not
less than five thousand dollars ($5,000) nor more than fifty thousand
dollars ($50,000) for a second or subsequent offense.

21805. Any person who buys, sells, receives, transfers, or
possesses for purposes of sale or rental an optical disc knowing that
the identification mark required by this chapter has been removed,
defaced, covered, altered, or destroyed, or knowing it was
manufactured in California without the required identification mark,
or knowing it was manufactured in California with a false
identification mark is guilty of a misdemeanor punishable by
imprisonment in a county jail for a term not exceeding one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
the fine and imprisonment.

21806. Any person who knowingly removes, defaces, covers, alters,
or destroys the identification mark required by this chapter is
guilty of a misdemeanor punishable by imprisonment in a county jail
for a term not exceeding one year, or by a fine not exceeding ten
thousand dollars ($10,000), or by both the fine and imprisonment.