N.Y. Arts and Cultural Affairs Law § 31.01: Unauthorized photographs and sound recordings of performances

§ 31.01. Unauthorized photographs and sound recordings of

performances. 1. Definitions. The following words as used in this

section shall have the following meanings:

(a) "Performance" shall mean any presentation consisting in whole or

in part of a musical, dramatic, dance or other stage rendition by living

persons who appear in the immediate presence of their audience.

(b) "Theatre" shall mean a concert hall, recital hall, theatre or

other auditorium in which a performance is rendered and admission to

which is limited by its management to persons holding admission tickets

or other written evidence of permission to enter.

(c) "Management" shall mean: (i) the operator of a theatre; and (ii)

with respect to a particular performance, the person hiring the theatre

to present such performance unless such person shall have agreed in

writing with such operator not to photograph or make sound recordings of

such performance.

2. No person shall take any photograph or make any sound recording of

any performance presented in a theatre without having first obtained the

written consent of the management to do so. The management of any

theatre may maintain an action for an injunction, an accounting, or for

damages resulting from or in respect of any photographs or sound

recordings of any performance made without the consent required by this

section having been obtained, or resulting from or in respect of any

distribution or attempted distribution of any such photographs or sound

recordings or reproductions thereof.

3. If any person admitted or seeking admission to a theatre in which a

performance is to be or is being presented, attempts to bring into, or

brings into such theatre any photographic or sound recording device

without having first obtained the written consent of the management to

do so, such management shall have the right to request and obtain

possession of such photographic or sound recording device until the

conclusion of such performance. The management shall give a receipt for

such device, and shall be liable for any damage to such device or loss

or theft of such device while in their care.

4. If any person admitted or seeking admission to a theatre in which a

performance is to be or is being presented, refuses or fails to give or

surrender possession of any photographic or sound recording device which

such person has brought into or attempts to bring into such theatre

without having first obtained the written consent of the management to

do so, then the management shall have the right to remove such person

therefrom or refuse admission thereto to such person, and shall

thereupon offer to refund and, unless such offer is refused, refund to

such person the price paid by such person for admission to such theatre.

If such person refuses to leave such theatre after having been informed

by the management thereof that possession of any photographic or sound

recording device in such theatre without the written consent of the

management is prohibited, then such person shall be deemed to be

remaining in the theatre unlawfully within the meaning of subdivision

five of section 140.00 and section 140.05 of the penal law, and in

addition, the management shall have the right to maintain an action in

trespass and for punitive damages against such person.

5. The criminal penalties and civil remedies provided by this section

shall be without force or effect unless the management of the theatre

shall have posted signs at the box office and at or near the audience

entrance to the portion of the theatre wherein the performance is to be

presented and printed in any program which may be furnished to the

audience for such performance, stating in substance as follows:

WARNING

The photographing or sound recording of any performance or the

possession of any device for such photographing or sound recording

inside this theatre, without the written permission of the management is

prohibited by law. Offenders may be ejected and liable for damages and

other lawful remedies.