Section 6362.5 Of Article 1. General Exemptions From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 4. >> Article 1.
6362.5
. (a) There are exempted from the taxes imposed by this part
the gross receipts from the sale or lease of, and the storage, use,
or other consumption in this state of, master tapes or master records
embodying sound, except amounts subject to the taxes imposed by
other provisions of this part paid by a customer in connection with
the customer's production of master tapes or master records to a
recording studio for the tangible elements of such master records or
master tapes.
(b) For purposes of this section:
(1) "Master tapes or master records embodying sound" means tapes,
records, and other devices utilized by the recording industry in
making recordings embodying sound.
(2) "Amounts paid for the furnishing of the tangible elements"
shall not include any amounts paid for the copyrightable, artistic or
intangible elements of such master tapes or master records, whether
designated as royalties or otherwise including, but not limited to,
services rendered in producing, fabricating, processing, or
imprinting tangible personal property or any other services or
production expenses in connection therewith which may otherwise be
construed as constituting "sale" under Section 6006.
(3) "Recording studio" is a place where, by means of mechanical or
electronic devices, voices, music, or other sounds are transmitted
to tapes, records, or other devices capable of reproducing sound.