The music and entertainment industries are two of the largest and most powerful industries in the world. While these industries are incredibly profitable, they estimate losing millions of dollars per year due to the sale of illegally copied music and other materials. Similar to other areas of the country, New York has a lot of laws in place that are designed to prevent this from happening.
Advertisement or sale of unauthorized recordings in the second degree is one specific crime in the New York penal code that is commonly enforced. This law essentially makes it a crime to record any music or other media, and then attempt to sell it.
Examples of the Crime
Advertisement or sale of unauthorized recordings in the second degree is a common crime, especially in areas of New York City. And example of this crime would be if a person records a song off a radio or other copy written device and then attempt to sell it to another person. This act becomes illegal regardless of the price that is charged.
If you record a song and give it away without receiving any financial or other reward, you will not be guilty of this crime. However, there are other copyright related crimes that you could be in violation of.
Defense of the Crime
If you have been charged with advertisement or sale of unauthorized recordings in the second degree, it would be beneficial to hire a NYC criminal lawyer. A lawyer that is experienced with this type of crime and charges could provide you with a number of different benefits. One of the main benefits is that they will know a variety of ways to defend and fight the charges.
When you are charged with the crime, the prosecutor will be required to prove that you have both recorded and attempted to sell the music. In many cases, this can be very hard to do without a full warrant. If the attorney does not have access to your equipment or music, and is unable to prove the crime otherwise, it could be dismissed fully. However, if you happen to have been found with music and were caught trying to sell it, you still could be charged with a few other related crimes. These other related crimes are considered lower and come with less of a punishment.
Punishment for the Crime
If you are convicted of advertisement or sale of unauthorized recordings in the second degree, you will face some punishment. The overall level of the punishment is minor as the crime is a simple misdemeanor. In most cases, you will receive a small penalty and could be subject to probation. However, if you have been convicted or charged of this crime in the past, you could face a more severe penalty. The legal system does allow a judge to put you in prison for up to one year.
In conclusion, advertisement or sale of unauthorized recordings in the second degree is a crime that is commonly committed in New York. While the penalty of the crime is not too severe, it would still be a good idea to hire a NYC criminal lawyer if you are charged with the crim. The attorney will be able to help you by providing you advice on the case, negotiating a lower charge with the prosecution, and even defending you in public court if it comes down to it.
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