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
