new york state laws: recording offenses

Important Notice: The following information is general in nature and is for GENERAL INFORMATIONAL PURPOSES ONLY. The viewing of the information contained herein does not constitute legal advice, nor does it create or imply an attorney-client relationship. It should be noted that this web site is an Advertisement for legal services and should not be used in any manner to guide you in making legal decisions. You should speak with a qualified attorney when seeking legal advice.

UNAUTHORIZED RECORDING - Suffolk County

Section 275.00 Definitions - Suffolk County

 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, or any other medium on 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.
 

Section 275.05 Manufacture of unauthorized recordings in the second degree - Suffolk County

 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.
 

Section 275.10 Manufacture of unauthorized recordings in the first degree - Suffolk County

 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.
 

Section 275.15 Manufacture or sale of an unauthorized recording of a performance in the second degree - Suffolk County

 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.
 

Section 275.20 Manufacture or sale of an unauthorized recording of a performance in the first degree - Suffolk County

 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 audiovisual recordings.

 Manufacture or sale of an unauthorized recording of a performance in the first degree is a class E felony.
 

Section 275.25 Advertisement or sale of unauthorized recordings in the second degree - Suffolk County

 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.
 

Section 275.30 Advertisement or sale of unauthorized recordings in the first degree - Suffolk County

 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.


 Section 275.32 Unauthorized operation of a recording device in a motion picture theater - Suffolk County

 1. A person is guilty of unauthorized operation of a recording device in a motion picture theater when without written authority or permission from the operator of a motion picture theater, the person operates a recording device in such theater.

 2. As used in this section "recording device" means a photographic or video camera, or any audio video recorder used for recording the sound or picture of a motion picture, and "motion picture theater" means a theater or other auditorium in which a motion picture is exhibited.

 Unauthorized operation of a recording device in a motion picture theater is a violation.
 

Section 275.35 Failure to disclose the origin of a recording in the second degree - Suffolk County

 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.
 

Section 275.40 Failure to disclose the origin of a recording in the first degree - Suffolk County

 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 commission of that crime involves at least one thousand 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.
 

Section 275.45 Limitations of application - Suffolk County

 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.

Call
631 · 727 · 6966