Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
New York is one of the greatest places on earth for the arts and entertainment. Artists of all kinds create irreplaceable masterpieces. Many artists are professionals, and they rely on the honest sale of their work to make a living.
The State of New York has laws that aim to protect the rights of its artists to profit exclusively from their performances. That means it’s illegal in New York to record or otherwise sell a performance recording without the artist’s permission.
Manufacture or sale of an unauthorized recording
New York penal law 275.20 prohibits the manufacture or sale of an unauthorized recording. There are two different ways to be in violation of this law. For both versions of the law, you must meet one of two conditions in addition to satisfying the elements of the offense.
First, you can face charges of unauthorized recording in the first degree if you have a prior conviction for manufacturing an unauthorized recording. The prior conviction must be within the last five years. Second, you can face charges of unauthorized recording in the first degree if you make at least 1000 audio records or 100 video recordings.
If you meet either of these conditions you can face first-degree manufacture charges if you meet the elements of the offense for unlawful manufacture. If you meet the preconditions, the first way to manufacture or sell an unauthorized recording in the first degree is to knowingly record a performance. You have to make the recording with the plan to sell or rent it.
The other way to violate this law is to use a recording that’s already in existence for illegal sale. That means if you have any part in possessing, transporting, advertising or selling, you’re in violation of the law. Both violations amount to manufacture or sale of an unauthorized recording in the first degree. To violate this law, you must not have the consent of the performer. If the person with the rights to give you permission gives you the authority to record or sell the performance, you haven’t broken any laws.
Intent to sell
A common defense to this charge is that you don’t intend to sell or distribute the recordings. If you set out to buy a recording without caring if it’s legal or unlawfully copied, you haven’t violated this particular law. You might violate another law if you knowingly buy stolen goods, but for the purposes of New York Penal Law 275.20, you have to intend to profit from the recordings in your possession.
Our expert NYC criminal attorney team at Spodek Law Group knows that consent is a defense to this charge. If you had permission from the performer to make the recording, you’re free to record and sell the performance as you have permission to do so. This can work as a complete defense to the charges if you truly had permission to make or distribute the recording.
Manufacture or sale of an authorized recording in the first degree is a class E felony. That means that the court can order you to spend up to four years in prison. The court looks at a number of factors when they decide on a sentence. They consider the specific events of the crime as well as whether you have any prior convictions.
In addition to serving your sentence, you likely have to pay restitution for any damages that you cause. You also have to pay a fine. The court can order you to spend up to five years on probation.
New York is famous for world-class art. The top performing artists from all over the world make their way to New York to create and perform their art. With these world-class performances come people who seek to illegally profit from the work of others.
In New York, it’s illegal to record someone else’s performance if you plan to sell it or distribute it for a profit. It’s also illegal to take a recording that already exists and participate in selling it or redistributing it for a profit. If you don’t have the permission of the performance’s owner to sell the performance, you can’t have any part in selling a recording of the performance for a profit.
Manufacture or sale of an unauthorized recording in the second degree
New York law looks at the specifics of the events surrounding the crime in order to determine the seriousness of the offense. Manufacture or sale of an unauthorized recording is divided into several different degrees of crime under New York law. The most serious is a charge in the first degree. Second degree is slightly less serious of an offense, but it’s still a class A misdemeanor under New York law and a serious matter.
Manufacture or sale of an unauthorized recording in the second degree is a violation of New York penal law 275.15. You commit this offense if you knowingly record a performance with a plan to sell it or rent it. You also commit this offense if you knowingly possess, move or advertise an unauthorized recording to others for sale or rent.
Tony is excited to go and see a new movie. He takes a smartphone with him that has a large storage capacity. While he watches the movie, Tony records it with his phone. He intends to copy the recording and sell it online.
Someone in the theater sees Tony make the recording. They alert the theater, and theater operators call law enforcement. When law enforcement arrives, Tony admits his plan to copy the recording and sell it. Tony has committed the manufacture of an unauthorized recording in the second degree. Tony can also face the related charge of unauthorized use of a recording device in a movie theater.
Let’s say that Tony succeeds in recording the video without getting caught. He takes the recording home and shares it with his sister Tammy. Tammy makes the copies of the recording. She posts advertisements for sale of the copies online. In this case, both Tony and Tammy are guilty of manufacture or sale of an unauthorized recording.
If you’re facing this charge, you can speak with the team of NYC criminal attorneys at Spodek Law Group about your defenses. One possible defense is that you didn’t know that you didn’t have authority to make the recordings. The law requires the state to prove that you acted knowing what you did. If you thought you had permission to make the recording or you didn’t know that the materials you had are unauthorized, you might also have a valid defense to the claim.
Manufacture or sale of an unauthorized recording in the second degree is a class A misdemeanor. That means that you risk serving a maximum of one year in jail if you’re convicted. You can also spend up to three years on probation and pay a fine. The exact penalties imposed by the court depend on the entire circumstances of the case and your criminal history. An experienced attorney can help you evaluate your case and your options.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.