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Article 275 - NY Penal Law

OFFENSES RELATING TO UNAUTHORIZED RECORDING

Section Offense Class
275.00 Definitions.  
275.05 Manufacture of unauthorized recordings in the second degree. A MISD
275.10 Manufacture of unauthorized recordings in the first degree. E FELONY
275.15 Manufacture or sale of an unauthorized recording of a performance in the second degree. A MISD
275.20 Manufacture or sale of an unauthorized recording of a performance in the first degree. E FELONY
275.25 Advertisement or sale of unauthorized recordings in the second degree. A MISD
275.30 Advertisement or sale of unauthorized recordings in the first degree. E FELONY
275.32 Unauthorized operation of a recording device in a motion picture or live theater in the third degree. VIOLATION
275.33 Unauthorized operation of a recording device in a motion picture or live theater in the second degree. A MISD
275.34 Unauthorized operation of a recording device in a motion picture or live theater in the first degree. E FELONY
275.35 Failure to disclose the origin of a recording in the second degree. A MISD
275.40 Failure to disclose the origin of a recording in the first degree. E FELONY
275.45 Limitations of application.  
S 275.00 Definitions.
  The following definitions are applicable to this article:
  1.  "Person"  means  any individual, firm, partnership, corporation or
association.
  2. "Owner" means (a) the person who owns, or has the exclusive license
in the United States to reproduce or the exclusive license in the United
States to distribute to the public copies  of  the  sounds  fixed  in  a
master  phonograph  record, master disc, master tape, master film or any
other device used for reproducing sounds on phonograph  records,  discs,
tapes,  films, videocassettes, or any other articles upon which sound is
recorded, and from which the transferred recorded  sounds  are  directly
derived;  or  (b)  the person who owns the rights to record or authorize
the recording of a live performance.
  3. "Fixed" means embodied in a recording by or under the authority  of
the  author,  so  that  the matter embodied is sufficiently permanent or
stable  to  permit  it  to  be  perceived,  reproduced,   or   otherwise
communicated for a period of more than transitory duration.
  4. "Performer" means the person or persons appearing in a performance.
  5. "Performance" means, whether live before an audience or transmitted
by  wire  or  through  the  air  by  radio  or television, a recitation,
rendering, or playing of a series of images, musical, spoken,  or  other
sounds, or a combination of images and sounds, in an audible sequence.
  6.  "Recording" means an original phonograph record, disc, tape, audio
or video cassette, wire, film, hard drive, flash drive, memory  card  or
other  data  storage  device  or  any other medium on which such sounds,
images, or both sounds and images are or can be  recorded  or  otherwise
stored,  or  a  copy or reproduction that duplicates in whole or in part
the original.

S 275.05 Manufacture of unauthorized recordings in the second degree.
  A person is guilty of the manufacture of unauthorized recordings in
the second degree when such person:
  1. knowingly, and without the consent of the owner, transfers or
causes to be transferred any sound recording, with the intent to rent or
sell, or cause to be rented or sold for profit, or used to promote the
sale of any product, such article to which such recording was
transferred, or
  2. transports within this state, for commercial advantage or private
financial gain, a recording, knowing that the sounds have been
reproduced or transferred without the consent of the owner; provided,
however, that this section shall only apply to sound recordings
initially fixed prior to February fifteenth, nineteen hundred
seventy-two.
  Manufacture of unauthorized recordings in the second degree
is a class A misdemeanor.

S 275.10 Manufacture of unauthorized recordings in the first degree.
  A person is guilty of manufacture of unauthorized recordings in the
first degree when he commits the crime of manufacture of unauthorized
recordings in the second degree as defined in section 275.05 of this
article and either:
  1. has previously been convicted of that crime within the past five
years; or
  2. commits that crime by the manufacture of one thousand unauthorized
sound recordings; provided, however, that this section shall only apply
to sound recordings initially fixed prior to February fifteenth,
nineteen hundred seventy-two.
  Manufacture of unauthorized recordings in the first degree is a class E felony.

S 275.15 Manufacture or sale of an unauthorized recording of a
         performance in the second degree.
  A person commits the crime of manufacture or sale of an unauthorized
recording of a performance in the second degree when he knowingly, and
without the consent of the performer, records or fixes or causes to be
recorded or fixed on a recording a performance, with the intent to sell
or rent or cause to be sold or rented such recording, or with the intent
to use such recording to promote the sale of any product; or when he
knowingly possesses, transports or advertises, for purposes of sale,
resale or rental or sells, resells, rents or offers for rental, sale or
resale, any recording that the person knows has been produced in
violation of this section.
  Manufacture or sale of an unauthorized recording of a performance in the
second degree is a class A misdemeanor.

S 275.20 Manufacture or sale of an unauthorized recording of a
         performance in the first degree.
  A person commits the crime of unauthorized recording of a performance
in the first degree when he commits the crime of manufacture or sale of
an unauthorized recording of a performance in the second degree as
defined in section 275.15 of this article and either:
  1. such person has previously been convicted of that crime within the
past five years; or
  2. commission of that crime involves at least one thousand
unauthorized sound recordings or at least one hundred unauthorized
audio-visual recordings.
  Manufacture or sale of an unauthorized recording of a performance in the
 first degree is a class E felony.

S 275.25 Advertisement or sale of unauthorized recordings in the second degree.
  A person is guilty of the advertisement or sale of unauthorized
recordings in the second degree when such person knowingly advertises,
offers for sale, resale, or rental, or sells, resells, rents,
distributes or possesses for any such purposes, any recording that has
been produced or transferred without the consent of the owner; provided,
however, that this section shall only apply to sound recordings
initially fixed prior to February fifteenth, nineteen hundred
seventy-two.
  Advertisement or sale of unauthorized recordings in the second degree is
 a class A misdemeanor.

S 275.30 Advertisement or sale of unauthorized recordings in the first degree.
  A person is guilty of the advertisement or sale of unauthorized
recordings in the first degree when such person commits the crime of
advertisement or sale of unauthorized recordings in the second degree as
defined in section 275.25 of this article and either:
  1. such person has previously been convicted of that crime within the
past five years; or
  2. commission of that crime involves at least one thousand
unauthorized sound recordings or at least one hundred unauthorized
audiovisual recordings.
  Advertisement and sale of unauthorized recordings in the first degree
is a class E felony.

S 275.32 Unauthorized operation of a recording device in a motion picture
         or live theater in the third degree.
  1.A person is guilty of unlawful operation of a recording device in a motion picture
or live  theater  in  the  third  degree  when without authority or written permission
from the operator of  a  motion  picture theater or live theater, the person operates
a recording device in such theater.
  2.As used in this section (a) "recording device" means a photographic or video camera,
or any audiovisual recording function of any device used for recording the sound or
picture of a motion picture;
  (b)"operator"  means the owner or lessee of a motion picture theater or live theater
or the authorized agent or employee of such owner or lessee;
  (c)"motion  picture  theater"  means a theater, screening room, auditorium or
other venue that  is  being  utilized primarily for the exhibition of a motion picture
at the time of the offense; and
  (d)"live theater" means  a concert hall, recital hall, theater, or
auditorium in which a presentation is rendered, consisting in  whole  or
in  part  of a musical, dramatic, dance, or other stage rendition by one
or more professional performers who appear in person  in  the  immediate
presence  of  their  audiences, and admission to which is limited by its
operator to persons holding  an  admission  ticket  or  who  have  other
authority or written permission to enter. Live theater shall not mean or
include  a  musical,  dramatic,  dance, or other stage rendition that is
performed by students enrolled in a school or college or as a part of  a
children's camp or similar program.
  Unauthorized operation of a recording device in a motion picture or live
 theater is a violation.

S 275.33 Unauthorized operation of a recording device in a motion picture or live
         theater in the second degree.
 A  person  is  guilty of unlawful operation of a recording device in a
motion picture or live theater in the  second  degree  when  he  or  she
violates section 275.32 of this article:
  1.for financial profit or commercial purposes; or
  2.in  circumstances  where  the material recorded is fifteen or more
minutes, or all or a substantial portion, of the motion picture or  live
theatrical performance; or
  3.in circumstances where such person has previously been convicted
within the past five years of violating section 275.32 or 275.34 of this
article or this section.
  Unauthorized operation of a recording device in a motion picture or live theater
 in the second degree is a class A misdemeanor.

S 275.34 Unauthorized operation of a recording device in a motion picture or live 
         theater in the first degree.
 A  person  is  guilty of unlawful operation of a recording device in a
motion picture or live theater in  the  first  degree  when  he  or  she
commits  the  crime  of  unlawful  operation  of a recording device in a
motion picture or live theater  in  the  second  degree  as  defined  in
section 275.33 of this article and has previously been convicted within
the past ten years of violating section 275.33 of this article  or  this
section.
  Unauthorized operation of a recording device in a motion picture or live theater
 in the first degree is a class E felony.

S 275.35 Failure to disclose the origin of a recording in the second degree.
  A person is guilty of failure to disclose the origin of a recording in
the second degree when, for commercial advantage or private financial
gain, he knowingly advertises or offers for sale, resale, or rental, or
sells, resells, or rents, or possesses for such purposes, a recording
the cover, box, jacket or label does not clearly and conspicuously
disclose the actual name and address of the manufacturer or the name of
the performer or principal artist.  The omission of the actual name and
address of the manufacturer, or the omission of the name of the
performer or principal artist, or the omission of both, shall constitute
the failure to disclose the origin of a recording.
  Failure to disclose the origin of a recording in the second degree is
a class A misdemeanor.

S 275.40 Failure to disclose the origin of a recording in the first degree.
  A person is guilty of failure to disclose the origin of a recording in
the first degree when such  person  commits  the  crime  of  failure  to
disclose  the  origin  of a recording in the second degree as defined in
section 275.35 of this article and either:
  1. such person has been convicted of failure to disclose the origin of
a recording in the first or second degree within the past five years; or
  2. commission of the crime involves at least one hundred  unauthorized
sound  recordings  or  at  least  one  hundred  unauthorized audiovisual
recordings.
  Failure to disclose the origin of a recording in the first degree
is a class E felony.

S 275.45 Limitations of application.
  1. This article does not apply to:
  (a) any broadcaster who, in connection with or as part of a radio,
television, or cable broadcast transmission, or for the purpose of
archival preservation, transfers any such recorded sounds or images; or
  (b) any person who transfers such sounds or images for personal use,
and without profit for such transfer.
  2. This article shall neither enlarge nor diminish the rights of
parties in civil litigation.

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