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Assembly Bill A5502

2017-2018 Legislative Session

Relates to creating a statutory right of public performance for pre-1972 sound recordings

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2017-A5502 (ACTIVE) - Details

See Senate Version of this Bill:
S5234
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Add §31.06, Arts & Cul L

2017-A5502 (ACTIVE) - Summary

Creates a statutory right of public performance for sound recordings recorded before 1972 and otherwise not covered by federal copyright protection.

2017-A5502 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5502
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  The  arts and cultural affairs law is amended by adding a
 new section 31.06 to read as follows:
   § 31.06. RIGHT OF PUBLIC PERFORMANCE FOR CREATORS OF SOUND RECORDINGS.
 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION THE TERMS "PUBLIC  PERFORM-
 ANCE"  AND  "RIGHT  OF  PERFORMANCE"  SHALL MEAN THE RIGHT TO CONTROL OR
 AUTHORIZE THE PLAYING OF COPYRIGHTED SOUND RECORDINGS  FOR  PROFIT,  BUT
 SHALL  NOT INCLUDE THE PLAYING OF MUSIC ON AM/FM RADIO, IN A STORE, IN A
 RESTAURANT, IN A BAR, IN A MUSEUM, AT A  SCHOOL,  OR  OTHER  SUCH  PLACE
 WHERE  THE MUSIC IS NOT THE CENTRAL PURPOSE FOR THE PRESENCE OF AN INDI-
 VIDUAL IN A GIVEN LOCATION OR NO FEE IS CHARGED.
   2. THE AUTHOR OF AN ORIGINAL WORK OF AUTHORSHIP CONSISTING OF A  SOUND
 RECORDING  INITIALLY FIXED PRIOR TO FEBRUARY FIFTEENTH, NINETEEN HUNDRED
 SEVENTY-TWO,  HAS  AN  EXCLUSIVE  OWNERSHIP   THEREIN   UNTIL   FEBRUARY
 FIFTEENTH,  TWO  THOUSAND SIXTY-SEVEN, AS AGAINST ALL PERSONS EXCEPT ONE
 WHO INDEPENDENTLY MAKES OR DUPLICATES ANOTHER SOUND RECORDING THAT  DOES
 NOT  DIRECTLY  OR  INDIRECTLY  RECAPTURE THE ACTUAL SOUNDS FIXED IN SUCH
 PRIOR SOUND RECORDINGS, BUT CONSISTS ENTIRELY OF AN INDEPENDENT FIXATION
 OF OTHER SOUNDS, EVEN THOUGH SUCH SOUNDS IMITATE OR SIMULATE THE  SOUNDS
 CONTAINED THEREIN.
   3.  ANY  PERSON  WHO CAUSES THE PUBLIC PERFORMANCE OF, OR INFRINGES ON
 THE RIGHT OF PERFORMANCE TO, ANY COPYRIGHTED  SOUND  RECORDING,  WITHOUT
 THE CONSENT OF ITS OWNER SHALL BE GUILTY OF A MISDEMEANOR.
   § 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

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