§ 275.00 — Definitions

New York § 275.00

• Jurisdiction: New York
• Law PEN: Penal
• Title P: Offenses Against Public Safety
• Part 3: Specific Offenses
• Art. 275: Offenses Relating to Unauthorized Recording

Text

§ 275.00 Definitions.\n The following definitions are applicable to this article:\n 1. "Person" means any individual, firm, partnership, corporation or\nassociation.\n 2. "Owner" means (a) the person who owns, or has the exclusive license\nin the United States to reproduce or the exclusive license in the United\nStates to distribute to the public copies of the sounds fixed in a\nmaster phonograph record, master disc, master tape, master film or any\nother device used for reproducing sounds on phonograph records, discs,\ntapes, films, videocassettes, or any other articles upon which sound is\nrecorded, and from which the transferred recorded sounds are directly\nderived; or (b) the person who owns the rights to record or authorize\nthe recording of a live performance.\n 3. "Fixed" means embodied in a recording by or under the authority of\nthe author, so that the matter embodied is sufficiently permanent or\nstable to permit it to be perceived, reproduced, or otherwise\ncommunicated for a period of more than transitory duration.\n 4. "Performer" means the person or persons appearing in a performance.\n 5. "Performance" means, whether live before an audience or transmitted\nby wire or through the air by radio or television, a recitation,\nrendering, or playing of a series of images, musical, spoken, or other\nsounds, or a combination of images and sounds, in an audible sequence.\n 6. "Recording" means an original phonograph record, disc, tape, audio\nor video cassette, wire, film, hard drive, flash drive, memory card or\nother data storage device or any other medium on which such sounds,\nimages, or both sounds and images are or can be recorded or otherwise\nstored, or a copy or reproduction that duplicates in whole or in part\nthe original.\n