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OFFENSES RELATING TO UNAUTHORIZED RECORDING

NEW YORK PENAL LAW

VIOLATIONS:

NYPL § 275.32 - Unlawful Operation of a Recording Device in a Motion Picture or Live Theater in the 3rd Degree: *

(1) A person is guilty of unlawful operation of a recording device in a motion picture or live theater in the 3rd degree when without authority or written permission from the operator of a motion picture theater or live theater, the person operates a recording device in such theater.

...

CLASS A MISDEMEANORS:

NYPL § 275.25 - Advertisement or Sale of Unauthorized Recordings in the 2nd Degree: *

A person is guilty of the advertisement or sale of unauthorized recordings in the 2nd degree when such person knowingly advertises, offers for sale, resale, or rental, or sells, resells, rents, distributes or possesses for any such purposes, any recording that has been produced or transferred without the consent of the owner; ...

NYPL § 275.33 - Unlawful Operation of a Recording Device in a Motion Picture or Live Theater in the 2nd Degree: *

A person is guilty of unlawful operation of a recording device in a motion picture or live theater in the 2nd degree when he or she violates Unlawful Operation of a Recording Device in a Motion Picture or Live Theater in the 2nd Degree, (NYPL § 275.32):

(1) For financial profit or commercial purposes;

or

(2) Either:

(-) Recorded material is 15 minutes or more;

or

(-) Recorded material consists of, either:

(-) All of the motion picture or live theatrical performance;

or

(-) A substantial portion of the motion picture or live theatrical performance;

or

(3)  Such person has previously been convicted of violating Unlawful Operation of a Recording Device in a Motion Picture or Live Theater in the 2nd Degree, (NYPL § 275.32), or Unlawful Operation of a Recording Device in a Motion Picture or Live Theater in the 1st Degree, (NYPL § 275.34), within the past 5 years.

 

CLASS E FELONIES:

NYPL § 275.30 - Advertisement or Sale of Unauthorized Recordings in the 1st Degree: *

A person is guilty of the advertisement or sale of unauthorized recordings in the 1st degree when:

(-) Such person commits the crime of Advertisement or Sale of Unauthorized Recordings in the 2nd Degree, (NYPL § 275.25),

AND

(-) Either:

(1)  Such person has previously been convicted of that crime within the past 5 years;

or

(2)  Commission of that crime involves at least 1,000 unauthorized sound recordings or at 1,000 unauthorized audiovisual recordings.

 

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*Not verbatim. Click here for link to full text of current law.

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