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

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§ 31.04. Copyrights. 1. As used in this section:

(a) "Copyright owner" means the owner of a copyright of a nondramatic
musical work recognized and enforceable under the copyright laws of the
United States pursuant to Title 17 of the United States Code, Pub. L.
94-553 (17 U.S.C. § 101 et seq.). "Copyright owner" shall not include
the owner of a copyright in a motion picture or audiovisual work, or in
part of a motion picture or audiovisual work.

(b) "Performing rights society" means an association or corporation
that licenses the public performance of nondramatic musical works on
behalf of copyright owners, such as the American Society of Composers,
Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC,
Inc.

(c) "Proprietor" means the owner of a retail establishment,
restaurant, inn, bar, tavern, or any other similar place of business or
professional office located in this state in which the public may
assemble and in which nondramatic musical works may be performed,
broadcast, or otherwise transmitted.

(d) "Royalty" or "royalties" means the fees payable to a performing
rights society for public performance rights.

2. No performing rights society shall enter into, or offer to enter
into, a contract for the payment of royalties by a proprietor unless at
the time of the offer, or any time thereafter, but no later than
seventy-two hours prior to the execution of that contract, it provides
to the proprietor in writing, the following:

(a) a schedule of the rates and terms of royalties under the contract;

(b) upon the request of the proprietor, the opportunity to review the
most current available list of the members or affiliates represented by
the society;

(c) notice that it will make available, upon written request of any
proprietor or bona fide trade associations representing groups of
proprietors, at the sole expense of the proprietor or bona fide trade
associations representing groups of proprietors by electronic means or
otherwise, the most current available listing of the copyrighted musical
works in such performing rights society's repertory, provided that such
notice shall specify the mean by which such information can be secured;

(d) notice that the performing rights society has a toll free
telephone number which can be used to answer inquiries of a proprietor
regarding specific musical works and the copyright owners represented by
that performing rights society; and

(e) notice that it complies with federal law and orders of courts
having appropriate jurisdiction regarding the rates and terms of
royalties and the circumstances under which licenses for rights for
public performances are offered to any proprietor.

3. Every contract between a performing rights society and proprietor
for the payment of the royalties executed issued or renewed in this
state on or after the effective date of this section shall:

(a) be in writing;

(b) be signed by the parties; and

(c) include at least the following information:

(1) the proprietor's name and business address and the name and
location of each place of business to which the contract applies;

(2) the name and address of the performing rights society;

(3) the duration of the contract; and

(4) the schedule of rates and terms of the royalties to be collected
under the contract, including any sliding scale or schedule for any
increase or decrease of those rates for the duration of that contract.

4. No performing rights society, or any agent or employee thereof
shall:

(a) with respect to contracts executed, issued or renewed on or after
the effective date of this section, collect or attempt to collect from a
proprietor licensed by that performing rights society a royalty payment
except as provided in a contract executed pursuant to the provisions of
this section;

(b) enter onto the premises of a proprietor's business for the purpose
of discussing a contract for payment of royalties for the use of
copyrighted works by that proprietor without first identifying himself
or herself to the proprietor or his or her employees and disclosing that
the agent is acting on behalf of such performing rights society and
disclosing the purpose of the discussion; and

(c) fail to provide written notice to a proprietor or his or her
employees within seventy-two hours after entering the proprietor's
business for the purpose of investigating the possible performance,
broadcasting or transmission of non-dramatic musical works, and
disclosing that such agent or employee was investigating on behalf of
such performing rights society and disclosing:

(1) the name of the performing rights society;

(2) the date on which such agent or employee conducted the
investigation; and

(3) the copyrighted works in such performing rights society's
repertory performed at the business during the investigation.

5. Any person who suffers a violation of this section may bring an
action to recover actual damages and reasonable attorney's fees and seek
an injunction or any other remedy available at law or in equity. This
section shall not apply to contracts between performing rights societies
and broadcasters licensed by the federal communications commission or to
contracts with cable operators, programmers or other transmission
services. This section shall also not apply to investigations conducted
by law enforcement agencies or other persons with respect to a suspected
violation of article two hundred seventy-five of the penal law.