Title ACA, Arts and Cultural Affairs

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

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

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

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

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

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

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

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

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

* § 25.27. Commissions to employees of places of entertainment. No licensee, other person or entity, whether or not domiciled, licensed or registered within the state, shall pay to any officer or employee of any place of entertainment, any commission, gratuity or bonus in connec…

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

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

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

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

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

* § 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 found that many of our citizens lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architec…

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

§ 3.05. General powers and duties of council. The council shall have the following powers and duties: 1. To stimulate and encourage throughout the state the study and presentation of the performing and fine arts and public interest and participation therein; 2. To make such surv…

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

§ 3.09. Assistance of other agencies. To effectuate the purposes of this article, the council on the arts may request from any department, board, bureau, commission or other agency of the state, and the same are authorized to provide, such assistance, services and data as will e…

§ 3.11. Grants by council; consideration to certain applicants. In issuing grants to applicants for council funds in the area of the performing arts the council may give consideration to the applicant's demonstration of an ability to enhance the state's capacity to attract touri…

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

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

§ 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 ot…

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

§ 31.04. Copyrights. 1. As used in this section: (a) "Copyright owner" means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Pub. L. 94-553 (17 U.S.C. …

§ 31.05. Printing, publishing or selling copyrighted musical composition without consent of owner. Whoever prints, publishes, sells, distributes or circulates, or causes to be printed, published, sold, distributed or circulated for profit any circular, pamphlet, card, handbill, …

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

§ 33.03. Affixing defined. A trade-mark is deemed to be affixed to an article of merchandise, when it is placed in any manner in or upon: 1. The article itself; or 2. A box, bale, barrel, bottle, case, cask, platter, or other vessel or package, or a cover, wrapper, stopper, bran…

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

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

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

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

§ 33.13. Keeping trade-mark bottles and vessels with intent to refill or sell them. Any person engaged in the business of buying and selling bottles, siphons, barrels, platters, or other vessels or things, who shall with intent to defraud the registered owner of the trade-mark, …

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

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

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

§ 34.05. Production. 1. No performing group shall use, advertise or promote a live musical performance or production through the use of a false, deceptive or misleading affiliation, connection or association between a recording group and a performing group where such performing …

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

§ 34.09. Penalty. Any person who violates the provisions of section 34.05 of this article shall be liable to the state for a civil penalty of up to five thousand dollars for a first violation, but not more than fifteen thousand dollars for subsequent violations.

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

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

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

§ 37.01. Definitions. As used in sections 37.03 and 37.05 of this article: 1. "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office or the agent or employee of the foregoing. 2.…

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

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

§ 37.07. Performing artists; ads for availability of employment. 1. It shall be unlawful for any person, firm, corporation, association, or agent or employee thereof, holding itself out to the public by any designation indicating a connection with show business including, but no…

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

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