senate Bill S2368

Establishes the crimes of possession of an unauthorized recording in the first and second degree

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Feb / 2009
    • REFERRED TO CODES
  • 06 / Jan / 2010
    • REFERRED TO CODES

Summary

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Bill Details

See Assembly Version of this Bill:
A9492
Versions:
S2368
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Law Section:
Penal Law

Sponsor Memo

BILL NUMBER: S2368

TITLE OF BILL :
An act to amend the penal law, in relation to establishing the crimes
of possession of an unauthorized recording in the first and second
degrees


PURPOSE :
To increase the penalties for intellectual property theft involving
unauthorized recordings.

SUMMARY OF PROVISIONS :
This legislation would increase the penalties for intellectual
property theft involving unauthorized recordings.

LEGISLATIVE HISTORY :
S.6279 of 2005-06
S.68 of 2007-08

JUSTIFICATION :
The counterfeit goods trade is a serious problem which is reportedly
getting worse. This illicit trade comprises the sale of so-called
knock-offs of brand-name products as well as pirated intellectual
property, including "bootleg" DVDs. It has been estimated that the
counterfeit goods trade takes billions of dollars out of the state's
economy, with an annual fiscal impact of over $2.6 billion in lost
revenue.

Under current law, the "unauthorized operation of a recording device
in a motion picture theater" is prohibited: it is a violation under
penal law section 275.32. This legislation would allow for
prosecutions for possession of recordings made in violation of that
section; possession of more than ten (10) such recordings would be a
class E felony.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
The first day of November next succeeding the date on which it shall
have become a law.
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