Title ACA, Arts and Cultural Affairs

* § 25.12. Professional sports organization membership pass.\nNotwithstanding section 25.30 of this article, an operator of a place of\nentertainment or such operator's agent may offer paperless tickets which\ndo not allow for independent transferability provided that such ticke…

* § 25.13. Licensing of ticket resellers. 1. No person, firm or\ncorporation shall resell or engage in the business of reselling any\ntickets to a place of entertainment or operate an internet website or\nany other electronic service that provides a mechanism for two or more\npa…

* § 25.15. Bond. The secretary of state shall require the applicant\nfor a license to file with the application therefor a bond in due form\nto the people of New York in the penal sum of twenty-five thousand\ndollars, with two or more sufficient sureties or a duly authorized\nsu…

* § 25.17. Supervision and regulation. The secretary of state shall\nhave power, upon complaint of any person or on his or her own\ninitiative, to investigate the business, business practices and business\nmethods of any such licensee which relates to this state's or any other\n…

* § 25.19. Posting of license or certificate. Immediately upon the\nreceipt of the license or certificate issued pursuant to this article by\nthe secretary of state, the licensee named therein shall cause such\nlicense to be posted and at all times displayed in a conspicuous pla…

* § 25.21. Change of office location. In the event of a change in the\nlocation of the premises covered by license or certificate issued under\nthis article, the department of state shall be duly notified in writing\nof such change within twenty-four hours thereafter. The secret…

* § 25.23. Posting of price lists; information to purchaser. 1. In\nevery principal office or branch office, bureau, agency or sub-agency of\nany licensee under this article, there shall be conspicuously posted and\nat all times displayed a price list showing the established pri…

§ 25.24. Ticket purchasing software. 1. The term " ticket purchasing\nsoftware" shall mean, any machine, device, computer program or computer\nsoftware that, on its own or with human assistance, bypasses security\nmeasures or access control systems on a retail ticket purchasing\…

* § 25.25. Records of purchases and sales. 1. Every licensee shall at\nall times keep full and accurate sets of records showing: (a) the prices\nat which all tickets have been bought and sold by such licensee; and (b)\nthe names and addresses of the person, firm or corporation f…

* § 25.27. Commissions to employees of places of entertainment. No\nlicensee, other person or entity, whether or not domiciled, licensed or\nregistered within the state, shall pay to any officer or employee of any\nplace of entertainment, any commission, gratuity or bonus in con…

* § 25.29. Unlawful charges in connection with tickets. 1. No operator\nof any place of entertainment, or his or her agent, representative,\nemployee or licensee shall, if a price be charged for admission thereto,\nexact, demand, accept or receive, directly or indirectly, any pr…

* § 25.30. Operator prohibitions. 1. A ticket is a license, issued by\nthe operator of a place of entertainment, for admission to the place of\nentertainment at the date and time specified on the ticket, subject to\nthe terms and conditions as specified by the operator. Notwiths…

* § 25.31. Suspension or revocation of licenses. 1. Powers of\ndepartment of state. The department of state may deny an application or\nmay revoke or suspend a license issued pursuant to this article, impose\na fine not exceeding one thousand dollars per violation payable to the…

* § 25.33. Private right of action. Notwithstanding any right of\naction granted to any governmental body pursuant to this chapter, any\nperson who has been injured by reason of a violation of this article may\nbring an action in his or her own name to enjoin such unlawful act, …

* § 25.34. Ticket websites. 1. As used in this section:\n (a) "Ticket website" means an internet website advertising the sale of\ntickets, offering the sale of such tickets, or facilitating a secondary\nticket exchange.\n (b) "URL" means the uniform resource locator for a websit…

* § 25.35. Criminal penalties. 1. (a) Any person, firm, corporation or\nother entity, whether or not domiciled, licensed or registered within\nthe state, which is convicted of violating section 25.27 or 25.29 of\nthis article shall be guilty of a class A misdemeanor punishable b…

§ 3.01. Legislative findings and declaration of policy. It is hereby\nfound that many of our citizens lack the opportunity to view, enjoy or\nparticipate in living theatrical performances, musical concerts, operas,\ndance and ballet recitals, art exhibits, examples of fine archi…

§ 3.03. Council on the arts. 1. (a) The council on the arts in the\nexecutive department is hereby continued. The twenty-one members shall\nbe, broadly representative of all fields of the performing and fine\narts, to be appointed by the governor, with the advice and consent of\…

§ 3.05. General powers and duties of council. The council shall have\nthe following powers and duties:\n 1. To stimulate and encourage throughout the state the study and\npresentation of the performing and fine arts and public interest and\nparticipation therein;\n 2. To make su…

§ 3.07. State financial assistance for improvement, expansion or\nrehabilitation of existing buildings. 1. Any other provision of any\nother law to the contrary notwithstanding, state financial assistance\nmay be provided for up to fifty percent of the approved costs (excluding\…

§ 3.09. Assistance of other agencies. To effectuate the purposes of\nthis article, the council on the arts may request from any department,\nboard, bureau, commission or other agency of the state, and the same are\nauthorized to provide, such assistance, services and data as wil…

§ 3.11. Grants by council; consideration to certain applicants. In\nissuing grants to applicants for council funds in the area of the\nperforming arts the council may give consideration to the applicant's\ndemonstration of an ability to enhance the state's capacity to attract\nt…

§ 3.13. Participation in programs to promote progress and scholarship\nin the humanities and the arts. 1. As used in this section, the\nfollowing terms shall mean and include:\n a. "Municipal corporation". A county, city, town, village, or school\ndistrict of the state, or a boa…

§ 3.19. Prohibition. 1. (a) The council on the arts shall be\nprohibited from awarding grants to an organization unless such\norganization is incorporated as a nonprofit organization either in the\nstate or, if an organization is incorporated elsewhere, such\norganization must b…

§ 31.01. Unauthorized photographs and sound recordings of\nperformances. 1. Definitions. The following words as used in this\nsection shall have the following meanings:\n (a) "Performance" shall mean any presentation consisting in whole or\nin part of a musical, dramatic, dance …

§ 31.03. Producing unpublished, undedicated or copyrighted opera or\ndramatic composition, without consent of owner. Any person who causes to\nbe publicly performed or represented for profit any unpublished,\nundedicated or copyrighted dramatic composition, or musical compositio…

§ 31.04. Copyrights. 1. As used in this section:\n (a) "Copyright owner" means the owner of a copyright of a nondramatic\nmusical work recognized and enforceable under the copyright laws of the\nUnited States pursuant to Title 17 of the United States Code, Pub. L.\n94-553 (17 U.…

§ 31.05. Printing, publishing or selling copyrighted musical\ncomposition without consent of owner. Whoever prints, publishes, sells,\ndistributes or circulates, or causes to be printed, published, sold,\ndistributed or circulated for profit any circular, pamphlet, card,\nhandbi…

§ 33.01. Trade-mark defined. A "trade-mark" is a mark used to indicate\nthe maker, owner or seller of an article of merchandise, and includes,\namong other things, any name of a person, or corporation, or any letter,\nword, device, emblem, figure, seal, stamp, diagram, brand, wr…

§ 33.03. Affixing defined. A trade-mark is deemed to be affixed to an\narticle of merchandise, when it is placed in any manner in or upon:\n 1. The article itself; or\n 2. A box, bale, barrel, bottle, case, cask, platter, or other vessel\nor package, or a cover, wrapper, stopper…

§ 33.05. Article of merchandise defined. The expression "article of\nmerchandise," as used in the preceding two sections, signifies any\ngoods, wares, work of art, commodity, compound, mixture or other\npreparation or thing, which may be lawfully kept or offered for sale.\n

§ 33.07. Imitation of a trade-mark defined. An "imitation of a\ntrade-mark" is that which so far resembles a genuine trade-mark as to be\nlikely to induce the belief that it is genuine, whether by the use of\nwords or letters, similar in appearance or in sound, or by any sign,\n…

§ 33.09. Offenses against trade-marks. A person who:\n 1. Falsely makes or counterfeits a trade-mark; or\n 2. Affixes to any article of merchandise, a false or counterfeit\ntrade-mark, knowing the same to be false or counterfeit, or the genuine\ntrade-mark, or an imitation of th…

§ 33.11. Refilling or selling trade-mark bottles and vessels. Any\nperson engaged in making, bottling, packing, selling or disposing of\nmilk, ale, beer, cider, mineral water or other beverage, or in making,\nselling or disposing of articles of pastry, may register his title as\…

§ 33.13. Keeping trade-mark bottles and vessels with intent to refill\nor sell them. Any person engaged in the business of buying and selling\nbottles, siphons, barrels, platters, or other vessels or things, who\nshall with intent to defraud the registered owner of the trade-mar…

§ 33.15. Search for trade-mark bottles and vessels kept in violation\nof law authorized. Whenever a registered owner of a trade-mark, or his\nagent, makes oath before a magistrate that he has a reason to believe\nand does believe, stating the grounds of his belief, that a bottle…

§ 34.01. Short title. This article shall be known and may be cited as\nthe "truth in music advertising act".\n

§ 34.03. Definitions. The following terms as used in this article\nshall have the following meanings:\n 1. "Performing group" means any vocal or instrumental group seeking to\nuse, using, advertising the use of, or promoting the name of a recording\ngroup that has previously rel…

§ 34.05. Production. 1. No performing group shall use, advertise or\npromote a live musical performance or production through the use of a\nfalse, deceptive or misleading affiliation, connection or association\nbetween a recording group and a performing group where such performi…

§ 34.07. Restraining prohibited acts. 1. Whenever the attorney general\nhas reason to believe that any person is advertising, using, advertising\nthe use of or promoting, a live musical performance or production in\nviolation of section 34.05 of this article, and that it would b…

§ 34.09. Penalty. Any person who violates the provisions of section\n34.05 of this article shall be liable to the state for a civil penalty\nof up to five thousand dollars for a first violation, but not more than\nfifteen thousand dollars for subsequent violations.\n

§ 35.01. Child performers. 1. It shall be unlawful, except as\notherwise provided by section one hundred fifty-one of the labor law, to\nemploy, or to exhibit or cause to be exhibited, or to use, or have\ncustody of, for the purpose of exhibition, use or employment, any child\nu…

§ 35.03. Judicial approval of certain contracts for services of\ninfants; effect of approval; guardianship of savings. 1. A contract made\nby an infant or made by a parent or guardian of an infant, or a contract\nproposed to be so made, under which (a) the infant is to perform o…

§ 35.07. Unlawful exhibitions. 1. It shall be unlawful for any person\nto employ, use, or exhibit any child under sixteen years of age, or for\na parent, guardian or employer to consent to or to refuse to restrain\nsuch child in engaging or acting:\n a. As a rope or wire walker,…

§ 37.01. Definitions. As used in sections 37.03 and 37.05 of this\narticle:\n 1. "Person" means any individual, company, society, association,\ncorporation, manager, contractor, subcontractor, partnership, bureau,\nagency, service, office or the agent or employee of the foregoin…

§ 37.03. Theatrical employment; contracts. Contracts between a\ntheatrical employment agency and an artist shall include the gross\ncommission or fees to be paid by the artist to the theatrical employment\nagency consistent with section one hundred eighty-five of the general\nbu…

§ 37.05. Theatrical employment; financial investigations and security.\nA theatrical employment agent shall investigate whether or not any\nemployer (person, firm or corporation) who is offering employment to an\napplicant for employment, has defaulted in the payment of salaries…

§ 37.07. Performing artists; ads for availability of employment. 1.\nIt shall be unlawful for any person, firm, corporation, association, or\nagent or employee thereof, holding itself out to the public by any\ndesignation indicating a connection with show business including, but…

§ 37.09. Protection of aerial performers from accidental falls. 1. No\nperson shall participate in any public performance or exhibition on a\ntrapeze, tightrope, wire, rings, ropes, poles, or other aerial apparatus\nwhich requires skill, timing or balance and which creates a sub…

§ 37.11. Prevention of personal injuries at carnivals, fairs and\namusement parks. The commissioner of labor may make rules guarding\nagainst personal injuries in the assembly, disassembly and use of\namusement devices and temporary structures at carnivals, fairs and\namusement …