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A05502 Summary:

BILL NOA05502
 
SAME ASNo Same As
 
SPONSORSepulveda
 
COSPNSR
 
MLTSPNSR
 
Add 31.06, Arts & Cul L
 
Creates a statutory right of public performance for sound recordings recorded before 1972 and otherwise not covered by federal copyright protection.
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A05502 Actions:

BILL NOA05502
 
02/09/2017referred to tourism, parks, arts and sports development
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A05502 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5502
 
SPONSOR: Sepulveda
  TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to creating and protecting a right of public performance for creators of sound recordings   PURPOSE OR GENERAL IDEA BILL: Relates to statutory right of public performance for pre-1972 recordings   SUMMARY OF PROVISIONS: Section 1. The arts and cultural affairs law is amended by adding new section 31.06 to read as follows: 31.06. Right of public performance for creators of sound recordings. 1. Definitions. For purpose of this section the terms "public performance" and "right 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 individual 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 sound fixed in such prior 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.   JUSTIFICATION: The Turtles lose their copyright case in New York against SiriusXM. The majority decision addressed the matter but leaves it to the Legislature to address a major question about state copyright protections in the digital music age, four of the courts justices agreed that state law does not afford public performance rights to performers of music recorded before 1972. If the Turtles music was recorded that year the federal protections would have existed. In the dissent, Judge Jenny Rivera wrote that state law best serves both the musician and the public by tracking federal public performance right for post-1972 recordings. In 1972 sound recordings were brought to the attention of federal copy- right protection. Any sound recordings that were made prior to February 15, 1972 are protected by state laws. State laws will hold protection over these recordings till the year 2067. The issue being presented is that there are digital music services who are using these recordings without permission or a fee and it cost artist and labels over $60 million. Project72 was launched in 2014 by SoundExchange. The campaign is to ensure artist that their recordings from 1972 will be charged and they will receive pay. In the 114th Congress, the RESPECT Act was now part of the Fair Play Fair Pay Act, H.R.1733. This Act was introduced by Repre- sentatives Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN) Flo & Eddie Inc., corporation " The Turtles " started three law suits against Sirius XM in California, New York and Florida and they also filed against Pandora in California. The issue raised is whether digital music services must ask permission to play pre-1972 recordings. Flo & Eddie Inc. won their case in California , Judge Gutierrez declared that copy right ownership of a sound recording under § 980(a)(2) includes the exclusive right to publicly perform that recording. The decision was based on that section which very clearly states the following: "The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, 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 recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording"   PRIOR LEGISLATION HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE/LOCAL GOVERNMENT: N/A   EFFECTIVE DATE: This act shall take effect immediately.
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A05502 Text:



 
                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
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