N.Y. Penal Law § 275.00: Definitions

§ 275.00 Definitions.

The following definitions are applicable to this article:

1. "Person" means any individual, firm, partnership, corporation or

association.

2. "Owner" means (a) the person who owns, or has the exclusive license

in the United States to reproduce or the exclusive license in the United

States to distribute to the public copies of the sounds fixed in a

master phonograph record, master disc, master tape, master film or any

other device used for reproducing sounds on phonograph records, discs,

tapes, films, videocassettes, or any other articles upon which sound is

recorded, and from which the transferred recorded sounds are directly

derived; or (b) the person who owns the rights to record or authorize

the recording of a live performance.

3. "Fixed" means embodied in a recording by or under the authority of

the author, so that the matter embodied is sufficiently permanent or

stable to permit it to be perceived, reproduced, or otherwise

communicated for a period of more than transitory duration.

4. "Performer" means the person or persons appearing in a performance.

5. "Performance" means, whether live before an audience or transmitted

by wire or through the air by radio or television, a recitation,

rendering, or playing of a series of images, musical, spoken, or other

sounds, or a combination of images and sounds, in an audible sequence.

6. "Recording" means an original phonograph record, disc, tape, audio

or video cassette, wire, film, hard drive, flash drive, memory card or

other data storage device or any other medium on which such sounds,

images, or both sounds and images are or can be recorded or otherwise

stored, or a copy or reproduction that duplicates in whole or in part

the original.