Arts and Cultural Affairs - Offenses Relating to Unauthorized Photographs and Certain Copyrighted Materials - Offenses Relating to Unauthorized Photographs and Certain Copyrighted Materials - Unauthorized...

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§ 31.01. Unauthorized photographs and sound recordings of
performances. 1. Definitions. The following words as used in this
section shall have the following meanings:

(a) "Performance" shall mean any presentation consisting in whole or
in part of a musical, dramatic, dance or other stage rendition by living
persons who appear in the immediate presence of their audience.

(b) "Theatre" shall mean a concert hall, recital hall, theatre or
other auditorium in which a performance is rendered and admission to
which is limited by its management to persons holding admission tickets
or other written evidence of permission to enter.

(c) "Management" shall mean: (i) the operator of a theatre; and (ii)
with respect to a particular performance, the person hiring the theatre
to present such performance unless such person shall have agreed in
writing with such operator not to photograph or make sound recordings of
such performance.

2. No person shall take any photograph or make any sound recording of
any performance presented in a theatre without having first obtained the
written consent of the management to do so. The management of any
theatre may maintain an action for an injunction, an accounting, or for
damages resulting from or in respect of any photographs or sound
recordings of any performance made without the consent required by this
section having been obtained, or resulting from or in respect of any
distribution or attempted distribution of any such photographs or sound
recordings or reproductions thereof.

3. If any person admitted or seeking admission to a theatre in which a
performance is to be or is being presented, attempts to bring into, or
brings into such theatre any photographic or sound recording device
without having first obtained the written consent of the management to
do so, such management shall have the right to request and obtain
possession of such photographic or sound recording device until the
conclusion of such performance. The management shall give a receipt for
such device, and shall be liable for any damage to such device or loss
or theft of such device while in their care.

4. If any person admitted or seeking admission to a theatre in which a
performance is to be or is being presented, refuses or fails to give or
surrender possession of any photographic or sound recording device which
such person has brought into or attempts to bring into such theatre
without having first obtained the written consent of the management to
do so, then the management shall have the right to remove such person
therefrom or refuse admission thereto to such person, and shall
thereupon offer to refund and, unless such offer is refused, refund to
such person the price paid by such person for admission to such theatre.
If such person refuses to leave such theatre after having been informed
by the management thereof that possession of any photographic or sound
recording device in such theatre without the written consent of the
management is prohibited, then such person shall be deemed to be
remaining in the theatre unlawfully within the meaning of subdivision
five of section 140.00 and section 140.05 of the penal law, and in
addition, the management shall have the right to maintain an action in
trespass and for punitive damages against such person.

5. The criminal penalties and civil remedies provided by this section
shall be without force or effect unless the management of the theatre
shall have posted signs at the box office and at or near the audience
entrance to the portion of the theatre wherein the performance is to be
presented and printed in any program which may be furnished to the
audience for such performance, stating in substance as follows:

WARNING

The photographing or sound recording of any performance or the
possession of any device for such photographing or sound recording
inside this theatre, without the written permission of the management is
prohibited by law. Offenders may be ejected and liable for damages and
other lawful remedies.