§ 31.04 — Copyrights

New York § 31.04

• Jurisdiction: New York
• Law ACA: Arts and Cultural Affairs
• Title J: Offenses Relating to Unauthorized Photographs and Certain Copyrighted Materials

Text

§ 31.04. Copyrights. 1. As used in this section:\n (a) "Copyright owner" means the owner of a copyright of a nondramatic\nmusical work recognized and enforceable under the copyright laws of the\nUnited States pursuant to Title 17 of the United States Code, Pub. L.\n94-553 (17 U.S.C. § 101 et seq.). "Copyright owner" shall not include\nthe owner of a copyright in a motion picture or audiovisual work, or in\npart of a motion picture or audiovisual work.\n (b) "Performing rights society" means an association or corporation\nthat licenses the public performance of nondramatic musical works on\nbehalf of copyright owners, such as the American Society of Composers,\nAuthors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC,\nInc.\n (c) "Proprietor" means the owner of a retail establishment,\nrestaurant, inn, bar, tavern, or any other similar place of business or\nprofessional office located in this state in which the public may\nassemble and in which nondramatic musical works may be performed,\nbroadcast, or otherwise transmitted.\n (d) "Royalty" or "royalties" means the fees payable to a performing\nrights society for public performance rights.\n 2. No performing rights society shall enter into, or offer to enter\ninto, a contract for the payment of royalties by a proprietor unless at\nthe time of the offer, or any time thereafter, but no later than\nseventy-two hours prior to the execution of that contract, it provides\nto the proprietor in writing, the following:\n (a) a schedule of the rates and terms of royalties under the contract;\n (b) upon the request of the proprietor, the opportunity to review the\nmost current available list of the members or affiliates represented by\nthe society;\n (c) notice that it will make available, upon written request of any\nproprietor or bona fide trade associations representing groups of\nproprietors, at the sole expense of the proprietor or bona fide trade\nassociations representing groups of proprietors by electronic means or\notherwise, the most current available listing of the copyrighted musical\nworks in such performing rights society's repertory, provided that such\nnotice shall specify the mean by which such information can be secured;\n (d) notice that the performing rights society has a toll free\ntelephone number which can be used to answer inquiries of a proprietor\nregarding specific musical works and the copyright owners represented by\nthat performing rights society; and\n (e) notice that it complies with federal law and orders of courts\nhaving appropriate jurisdiction regarding the rates and terms of\nroyalties and the circumstances under which licenses for rights for\npublic performances are offered to any proprietor.\n 3. Every contract between a performing rights society and proprietor\nfor the payment of the royalties executed issued or renewed in this\nstate on or after the effective date of this section shall:\n (a) be in writing;\n (b) be signed by the parties; and\n (c) include at least the following information:\n (1) the proprietor's name and business address and the name and\nlocation of each place of business to which the contract applies;\n (2) the name and address of the performing rights society;\n (3) the duration of the contract; and\n (4) the schedule of rates and terms of the royalties to be collected\nunder the contract, including any sliding scale or schedule for any\nincrease or decrease of those rates for the duration of that contract.\n 4. No performing rights society, or any agent or employee thereof\nshall:\n (a) with respect to contracts executed, issued or renewed on or after\nthe effective date of this section, collect or attempt to collect from a\nproprietor licensed by that performing rights society a royalty payment\nexcept as provided in a contract executed pursuant to the provisions of\nthis section;\n (b) enter onto the premises of a proprietor's business for the purpose\nof discussing a contract for payment of royalties for the use of\ncopyrighted works by that proprietor without first identifying himself\nor herself to the proprietor or his or her employees and disclosing that\nthe agent is acting on behalf of such performing rights society and\ndisclosing the purpose of the discussion; and\n (c) fail to provide written notice to a proprietor or his or her\nemployees within seventy-two hours after entering the proprietor's\nbusiness for the purpose of investigating the possible performance,\nbroadcasting or transmission of non-dramatic musical works, and\ndisclosing that such agent or employee was investigating on behalf of\nsuch performing rights society and disclosing:\n (1) the name of the performing rights society;\n (2) the date on which such agent or employee conducted the\ninvestigation; and\n (3) the copyrighted works in such performing rights society's\nrepertory performed at the business during the investigation.\n 5. Any person who suffers a violation of this section may bring an\naction to recover actual damages and reasonable attorney's fees and seek\nan injunction or any other remedy available at law or in equity. This\nsection shall not apply to contracts between performing rights societies\nand broadcasters licensed by the federal communications commission or to\ncontracts with cable operators, programmers or other transmission\nservices. This section shall also not apply to investigations conducted\nby law enforcement agencies or other persons with respect to a suspected\nviolation of article two hundred seventy-five of the penal law.\n