New York State Enacts Piracy Protection Act
New York Governor David A. Paterson has signed a bill into law that creates the “Piracy Protection Act”. The “Piracy Protection Act” establishes the crimes of unlawful operation of a recording device in a motion picture or live theater in the first degree, second degree and third degree.
A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the third degree if they operate a recording device in such a theater without authority or written permission from the operator. Unlawful operation of a recording device in motion picture or live theater is a violation.
A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator for financial profit or commercial purposes. [Penal Law § 275.32(1)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and the material recorded is fifteen minutes or longer. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and a substantial portion of a motion picture or theatrical performance is recorded. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the first or third degree within the last five years. [Penal Law § 275.32(3)] Unlawful operation of a recording device in a motion picture or live theater in the second degree is a class A misdemeanor.
A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the first degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the second degree within the last ten years. [Penal Law § 275.34(1)] Unlawful operation of a recording device in a motion picture or live theater in the first degree is a class E felony.
The purpose of the new law is to protect valuable jobs, the state’s economy and important tax revenue that are threatened by criminal enterprises that engage in making and selling counterfeits worldwide. Senator Padavan and Assemblyman Lentol sponsored the bill. New York State Governor Paterson signed the bill into law on October 10, 2008. The “Piracy Protection Act” will take effect on October 26, 2008.
