NY Arts & Cult Aff L § 31.04 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title J - Offenses Relating to Unauthorized Photographs and Certain Copyrighted Materials Article 31 - Offenses Relating to Unauthorized Photographs and Certain Copyrighted Materials 31.04 - Copyrights.

§ 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.