N.Y. ACA Law § 31.01 — New York Code / Act ACA / Title J / Article 31 / Section 31.01
Unauthorized photographs and sound recordings of performances
Status: in_force

§ 31.01. Unauthorized photographs and sound recordings of\nperformances. 1. Definitions. The following words as used in this\nsection shall have the following meanings:\n  (a) "Performance" shall mean any presentation consisting in whole or\nin part of a musical, dramatic, dance or other stage rendition by living\npersons who appear in the immediate presence of their audience.\n  (b) "Theatre" shall mean a concert hall, recital hall, theatre or\nother auditorium in which a performance is rendered and admission to\nwhich is limited by its management to persons holding admission tickets\nor other written evidence of permission to enter.\n  (c) "Management" shall mean: (i) the operator of a theatre; and (ii)\nwith respect to a particular performance, the person hiring the theatre\nto present such performance unless such person shall have agreed in\nwriting with such operator not to photograph or make sound recordings of\nsuch performance.\n  2. No person shall take any photograph or make any sound recording of\nany performance presented in a theatre without having first obtained the\nwritten consent of the management to do so. The management of any\ntheatre may maintain an action for an injunction, an accounting, or for\ndamages resulting from or in respect of any photographs or sound\nrecordings of any performance made without the consent required by this\nsection having been obtained, or resulting from or in respect of any\ndistribution or attempted distribution of any such photographs or sound\nrecordings or reproductions thereof.\n  3. If any person admitted or seeking admission to a theatre in which a\nperformance is to be or is being presented, attempts to bring into, or\nbrings into such theatre any photographic or sound recording device\nwithout having first obtained the written consent of the management to\ndo so, such management shall have the right to request and obtain\npossession of such photographic or sound recording device until the\nconclusion of such performance. The management shall give a receipt for\nsuch device, and shall be liable for any damage to such device or loss\nor theft of such device while in their care.\n  4. If any person admitted or seeking admission to a theatre in which a\nperformance is to be or is being presented, refuses or fails to give or\nsurrender possession of any photographic or sound recording device which\nsuch person has brought into or attempts to bring into such theatre\nwithout having first obtained the written consent of the management to\ndo so, then the management shall have the right to remove such person\ntherefrom or refuse admission thereto to such person, and shall\nthereupon offer to refund and, unless such offer is refused, refund to\nsuch person the price paid by such person for admission to such theatre.\nIf such person refuses to leave such theatre after having been informed\nby the management thereof that possession of any photographic or sound\nrecording device in such theatre without the written consent of the\nmanagement is prohibited, then such person shall be deemed to be\nremaining in the theatre unlawfully within the meaning of subdivision\nfive of section 140.00 and section 140.05 of the penal law, and in\naddition, the management shall have the right to maintain an action in\ntrespass and for punitive damages against such person.\n  5. The criminal penalties and civil remedies provided by this section\nshall be without force or effect unless the management of the theatre\nshall have posted signs at the box office and at or near the audience\nentrance to the portion of the theatre wherein the performance is to be\npresented and printed in any program which may be furnished to the\naudience for such performance, stating in substance as follows:\n                                  WARNING\n  The photographing or sound recording of any performance or the\npossession of any device for such photographing or sound recording\ninside this theatre, without the written permission of the management is\nprohibited by law. Offenders may be ejected and liable for damages and\nother lawful remedies.\n