2023 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.