Bill Text: NY A05502 | 2017-2018 | General Assembly | Introduced
Bill Title: Creates a statutory right of public performance for sound recordings recorded before 1972 and otherwise not covered by federal copyright protection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A05502 Detail]
Download: New_York-2017-A05502-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5502 2017-2018 Regular Sessions IN ASSEMBLY February 9, 2017 ___________ Introduced by M. of A. SEPULVEDA -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development AN ACT to amend the arts and cultural affairs law, in relation to creat- ing and protecting a right of public performance for creators of sound recordings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The arts and cultural affairs law is amended by adding a 2 new section 31.06 to read as follows: 3 § 31.06. Right of public performance for creators of sound recordings. 4 1. Definitions. For purposes of this section the terms "public perform- 5 ance" and "right of performance" shall mean the right to control or 6 authorize the playing of copyrighted sound recordings for profit, but 7 shall not include the playing of music on AM/FM radio, in a store, in a 8 restaurant, in a bar, in a museum, at a school, or other such place 9 where the music is not the central purpose for the presence of an indi- 10 vidual in a given location or no fee is charged. 11 2. The author of an original work of authorship consisting of a sound 12 recording initially fixed prior to February fifteenth, nineteen hundred 13 seventy-two, has an exclusive ownership therein until February 14 fifteenth, two thousand sixty-seven, as against all persons except one 15 who independently makes or duplicates another sound recording that does 16 not directly or indirectly recapture the actual sounds fixed in such 17 prior sound recordings, but consists entirely of an independent fixation 18 of other sounds, even though such sounds imitate or simulate the sounds 19 contained therein. 20 3. Any person who causes the public performance of, or infringes on 21 the right of performance to, any copyrighted sound recording, without 22 the consent of its owner shall be guilty of a misdemeanor. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07160-01-7