What's happening
This bill grants creators of pre-1972 sound recordings the exclusive right to control public performances of their works, with certain exceptions.
Why it matters
Strengthens creators' control and potential earnings. By giving pre-1972 sound recording creators exclusive public performance rights, musicians and rights holders could demand royalties or negotiate terms with streaming services, venues, or other commercial users, potentially increasing their income.
Addresses a historical copyright gap. Pre-1972 sound recordings were previously excluded from federal copyright protections for public performance, meaning many iconic recordings and their creators received no compensation when their works were used publicly. This bill helps correct that disparity.
Defines clear exceptions to avoid undue burden. The bill specifically exempts AM/FM radio, stores, restaurants, bars, museums, schools, and similar places where music is not the main attraction or no fee is charged, balancing creator rights with the interests of broadcasters and local businesses.
Introduces misdemeanor penalties for infringement. Unauthorized public performance of pre-1972 sound recordings could now result in criminal charges, providing a stronger deterrent and potentially shifting how businesses and individuals use older music.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Pre-1972 Music Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to tourism, parks, arts and sports development
- Referred to tourism, parks, arts and sports development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Pre-1972 Music Rights
In Senate Committee · Cultural Affairs, Tourism, Parks And Recreation · Sponsor Rich Funke
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5502
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. SEPULVEDA -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to creating and protecting a right of public performance for creators of sound recordings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The arts and cultural affairs law is amended by adding a new section 31.06 to read as follows:
§ 31.06. Right of public performance for creators of sound recordings. 1. Definitions. For purposes of this section the terms "public performance" and "right of performance" shall mean the right to control or authorize the playing of copyrighted sound recordings for profit, but shall not include the playing of music on AM/FM radio, in a store, in a restaurant, in a bar, in a museum, at a school, or other such place where the music is not the central purpose for the presence of an individual in a given location or no fee is charged.
2. The author of an original work of authorship consisting of a sound recording initially fixed prior to February fifteenth, nineteen hundred seventy-two, has an exclusive ownership therein until February fifteenth, two thousand sixty-seven, as against all persons except one who independently makes or duplicates another sound recording that does not directly or indirectly recapture the actual sounds fixed in such prior sound recordings, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained therein.
3. Any person who causes the public performance of, or infringes on the right of performance to, any copyrighted sound recording, without the consent of its owner shall be guilty of a misdemeanor.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07160-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.