Failure to disclose the origin of a recording in the second degree: NY Penal Law § 275.35

by ECL Writer
Conspiracy in the first degree

New York’s criminal code includes provisions aimed at safeguarding the intangible property of individuals. Among these regulations, some are specifically designed to combat instances of piracy within the state. Piracy, in this context, refers to the unauthorized recording or duplication of audio or visual performances for commercial purposes. These laws encompass offenses related to the omission of crucial information on recording labels, such as the name of the artist, performer, and the recording’s manufacturer.

A “recording” is broadly defined to encompass records, discs, tapes, audio or video cassettes, wires, films, hard drives, flash drives, memory cards, or any other storage device capable of capturing and storing sounds and images. According to New York Penal Law § 275.35, the offense of failing to disclose the origin of a recording in the second degree is committed when an individual knowingly offers for sale or rent a recording lacking clear information about the manufacturer or performer on the box or jacket.

Sentence

When convicted of the offense of failing to disclose the origin of a recording in the second degree, categorized as a Class A misdemeanor, the potential sentence may encompass imprisonment for a maximum of one year, probation for up to three years, and a monetary fine.

Defenses

To secure a successful prosecution for the offense of failing to disclose the origin of a recording, the prosecutor is obligated to demonstrate that you willfully neglected to include the mandated information. If the omission was accidental, or if you were unaware that the necessary information was missing, you may potentially establish a valid defense against the charge.

New York Penal Law § 275.35: Failure to disclose the origin of a recording in the second degree

An individual is deemed to have committed the offense of failing to disclose the origin of a recording in the second degree when, with the intent of gaining commercial advantage or personal financial benefit, they knowingly advertise, offer for sale, resale, or rental, sell, resell, or rent, or possess for such purposes, a recording whose cover, box, jacket, or label does not clearly and prominently display the genuine name and address of the manufacturer or the name of the performer or main artist. The absence of either the actual name and address of the manufacturer, the name of the performer or main artist, or both, constitutes a violation of disclosing the origin of the recording.

Related offenses

Hiring a New York Lawyer for failure to disclose the origin of a recording in the second degree case

Hiring a New York lawyer in a second-degree case for failure to disclose a recording’s origin is paramount. In the Empire State, legal proceedings demand transparency. Failure to disclose a recording’s source can severely impact the case’s integrity. An experienced attorney can navigate the intricate web of state laws and regulations, ensuring all evidence is properly handled. They’ll examine chain-of-custody, authentication, and admissibility, safeguarding the defendant’s rights. New York’s legal landscape is complex, and a knowledgeable lawyer will leverage their expertise to protect the client’s interests, offering a robust defense and striving for the best possible outcome in the face of such allegations.

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