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S5234Senate2017-2018 Session

Protect Pre-1972 Music Rights

Official title

“Relates to creating a statutory right of public performance for pre-1972 sound recordings”

Sponsor Rich FunkeSD-55+1 co-sponsorAffects Environment & Energy
Status
In Senate Committee
Cultural Affairs, Tourism, Parks And Recreation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Cultural Affairs, Tourism, Parks And Recreation

What's happening

This bill creates a right of public performance for creators of sound recordings, allowing them to control profit-making uses of their works.

Why it matters

  1. Empowers creators of older sound recordings (pre-1972) with performance rights. The bill grants exclusive rights to creators of sound recordings fixed before February 15, 1972, allowing them to control how their work is used in profit-making public performances—closing a legal gap that left many classic recordings unprotected.

  2. Excludes many everyday uses from requiring permission or payment. The law clearly exempts background music in places like AM/FM radio, stores, restaurants, bars, museums, and schools—meaning most non-central or non-profit uses of music will not be affected, balancing creators' rights with public and business interests.

  3. Establishes legal consequences for unauthorized profit-driven use. Anyone who profits from public performance of covered sound recordings without permission could face misdemeanor charges, creating a legal deterrent and potential new revenue stream for artists and copyright holders.

  4. Sets a fixed term for these rights. The exclusive public performance right for these older sound recordings would last until February 15, 2067, providing long-term but not perpetual protection, and giving clarity for future use and licensing.

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Who cares

Headline styles

Protect Pre-1972 Music Rights

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Cultural Affairs, Tourism, Parks And Recreation

1 Co-sponsor

History

  1. Referred to cultural affairs, tourism, parks and recreation
  2. Referred to cultural affairs, tourism, parks and recreation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5234

2017-2018 Regular Sessions

IN SENATE

March 16, 2017

Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation

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.

Sponsor's memo

Title of bill

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

Purpose or general idea bill

Relates to statutory right of public performance for pre-1972 recordings

Summary of provisions

Section 1. The arts and cultural affairs law is amended by adding new section 31.06 to read as follows: 31.06. Right of public performance for creators of sound recordings. 1. Definitions. For purpose of this section the terms "public performance" and "right 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.

Read the full memo (698 words)

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 sound fixed in such prior 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.

Justification

The Turtles lose their copyright case in New York against SiriusXM. The majority decision addressed the matter but leaves it to the Legislature to address a major question about state copyright protections in the digital music age, four of the courts justices agreed that state law does not afford public performance rights to performers of music recorded before 1972. If the Turtles music was recorded that year the federal protections would have existed.

In the dissent, Judge Jenny Rivera wrote that state law best serves both the musician and the public by tracking federal public performance right for post-1972 recordings.

In 1972 sound recordings were brought to the attention of federal copyright protection. Any sound recordings that were made prior to February 15, 1972 are protected by state laws. State laws will hold protection over these recordings till the year 2067. The issue being presented is that there are digital music services who are using these recordings without permission or a fee and it cost artist and labels over $60 million.

Project72 was launched in 2014 by SoundExchange. The campaign is to ensure artist that their recordings from 1972 will be charged and they will receive pay. In the 114th Congress, the RESPECT Act was now part of the Fair Play Fair Pay Act, H.R.1733. This Act was introduced by Representatives Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN)

Flo & Eddie Inc., corporation " The Turtles " started three law suits against Sirius XM in California, New York and Florida and they also filed against Pandora in California. The issue raised is whether digital music services must ask permission to play pre-1972 recordings. Flo & Eddie Inc. won their case in California , Judge Gutierrez declared that copy right ownership of a sound recording under § 980(a)(2) includes the exclusive right to publicly perform that recording. The decision was based on that section which very clearly states the following:

"The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, 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 recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording"

Prior legislation history

New Bill

Fiscal implications for state/local government

N/A

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.