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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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