The State of New York has strict laws in place to protect the rights of artists and performers. It is illegal to profit unlawfully from another person’s performance, including recording and selling their performances without permission or the legal rights to do so.
Manufacture of Unauthorized Recordings
The act of creating, transferring, or participating in the creation of a recording of someone’s performance without the legal right is known as the manufacture of unauthorized recordings. The severity of the offense and the possible penalties depend on the specific events involved in the offense.
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(212) 300-5196Under New York law, there are different degrees of manufacture of unauthorized recordings. Second-degree manufacture of unauthorized recordings primarily deals with the transfer of unlawfully-recorded performances. It is a violation of New York Penal Law § 275.05. Any time a recording is transferred unlawfully for profit, it falls under the category of manufacturing an unauthorized recording in the second degree.
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You run a small online store and recently recorded a live concert on your phone, then sold copies of the footage to fans through your website without obtaining permission from the performers or their management. A cease-and-desist letter has arrived from the artist's legal team threatening criminal charges under New York law.
Can I really face criminal charges just for recording and selling a concert performance?
Under New York Penal Law § 275.05, manufacturing unauthorized recordings in the second degree is a class A misdemeanor, which means you could face up to one year in jail and significant fines. The statute specifically targets anyone who knowingly transfers or causes to be transferred any sounds of a live performance onto a recording without consent of the performer. Your act of recording the concert and then commercially distributing those recordings through your website likely satisfies both the recording and the profit elements of this offense. An experienced defense attorney may be able to challenge the knowledge element or negotiate reduced charges, but you should take this matter seriously and avoid any further distribution of the recordings immediately.
This is general information only. Contact us for advice specific to your situation.
