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May 6, 2017

New York Penal Law 275.40: Failure to disclose the origin of a recording in the first degree

For those that are employed in the music or entertainment industry, one of the most significant issues that is faced is the issue of piracy. Piracy generally refers to either stealing and selling recorded music, or selling music without properly notating the origin of the music.

The New York Penal Code currently has about a dozen different laws that intend to protect against piracy. Of these laws, one of the most lenient is the failure to disclose the origin of a recording in the first degree. This crime can easily be met by omitting some information on a record release. The crime is likely violated frequently, but is very rarely enforced due to the difficulty to prove and low impact on a case-by-case basis.

Example of the Crime
The crime of failure to disclose the origin of a recording in the first degree is violated on a very consistent basis, but is not always enforced. An example of this would be if you were to record a musician at a live venue and then opted to sell the production on your own. If you were to omit some of the information of the origin, which could include the name of the artist, record label, manager, and other pertinent information, you could be in violation of the crime.

This crime is related to a number of other piracy laws that are in place. If you were to try and sell music without the permission of the artist, it could lead a variety of other, and more severe legal issues as well.

Defense of the Crime
If you have been charged with failure to disclose the origin of a recording in the first degree, it would be a good idea to hire NYC criminal lawyers that are experienced in piracy crime cases. In the majority of situations, the charges will be dropped if the charges are on a standalone basis. The primary defense of the crime is that the defendant did not purposely omit some information because they either didn’t know they were required to report certain information, or they did not know what the information was.

While the charge of failure to disclose the origin of a recording in the first degree is easy to defend, some of the related charges are harder. If you were caught selling material without the permission of the record label or artist, it could result in a more sever penalty and charge that is difficult to defend.

Penalties
In general, the penalties for failure to disclose the origin of a recording in the first degree on a standalone basis are minimal. If you are convicted of this crime, you will likely be assessed a minor financial penalty. However, since it is a misdemeanor, you could face some minor jail time if you have been charged for the crime in the past. Those that are charged and convicted of more severe piracy penalties could face larger financial penalties and longer jail sentences.

In conclusion, failure to disclose the origin of a recording in the first degree is one of many piracy laws that the New York Penal Code has enforced in the past. While the charge on a standalone basis comes with very minor penalties, most people that are charged with it will be charged with other piracy penalties as well. If you have been charged with any piracy charge, it would be beneficial to contact a NYC criminal attorney. They could help to defend your case, which increases your chances of winning or receiving a more lenient punishment from the judge.

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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