New York State Law
Penal Law
Consolidated Laws of New York's Penal code
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. Top of Page
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