Va. Code » Title 59.1. Trade and Commerce » Chapter 3.1. Records, Tapes and Other Recorded Devices
Virginia Code

Va. Code Ann. § 59.1-41.2 (2026)

Recording of live concerts or recorded sounds and distribution, etc., of such recordings unlawful in certain circumstances

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

It shall be unlawful for any person to:

1. Knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds at a live concert or any sounds recorded on a phonograph record, disc, wire, tape, film, videocassette, or other article now known or later developed on which sounds are recorded, with the intent to sell, rent or cause to be sold or rented, or to be used for profit through public performance, such article on which sounds are so transferred, without consent of the owner; or

2. For commercial advantage or private financial gain, manufacture, distribute, transport or wholesale, or cause to be manufactured, distributed, transported or sold as wholesale, or possess for such purposes any article with the knowledge that the sounds are so transferred, without consent of the owner.

This section shall not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds other than from the sound track of a motion picture intended for, or in connection with broadcast or telecast transmission or related uses, or for archival purposes.

1972, c. 618; 1989, c. 240.

Notes of Decisions
Cited in 4 cases, 2003–2006 · leading case: Milteer v. Commonwealth, 595 S.E.2d 275 (Va. 2004).
Sort: Relevance Newest Treatment
Milteer v. Commonwealth, 595 S.E.2d 275 (Va. 2004). · cites it 6× “None of the indictments charged a violation of Code § 59.1-41.2 or mentioned that statute.”
McLaughlin v. Commonwealth, 629 S.E.2d 724 (Va. Ct. App. 2006). · cites it 6× “" Code § 59.1-41.2 prohibits recording for profit a concert without the owner's consent.”
Carmas (Carmus) Jonah McLaughlin v. Commonwealth, No. 0250053 (Va. Ct. App. Dec. 5, 2006). · cites it 4× “” Code § 59.1-41.2 prohibits recording for profit a concert without the owner’s consent.”
Elmer Milteer, Jr v. Commonwealth, No. 0939021 (Va. Ct. App. June 3, 2003). · cites it 4× “Code § 59.1-41.2, in pertinent part, declares it "unlawful for any person" to "manufacture, distribute, transport or wholesale recordings, or cause to be manufactured, distributed, 1 Defendant similarly argued before the trial court that Code § 59.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.