New York § 390-A - 390-AOptical discs; requirements

§ 390-A. 390-AOptical discs; requirements

§ 390-a. Optical discs; requirements. 1. For purposes of this section, the following terms shall have the following meanings: (a) "Optical disc" is a disc capable of being read by a laser or other light source on which data is stored in digital form. An optical disc shall include, but not be limited to, discs known as compact discs (CDs), recordable compact discs (CD-R's), and digital video discs (DVDs), or related mastering source materials heretofore or hereafter developed. (b) "Manufacturer" shall mean a person who replicates the physical optical disc or produces the master used in any optical disc replication process. A manufacturer shall not include a person who manufactures optical discs for internal use, testing, or review, or a person who manufactures blank optical discs. (c) "Commercial purposes" shall mean the production of at least ten of the same or different optical discs in a one hundred eighty day period, by storing information on the disc, and for the purpose of resale, whether by that person or by another. (d) "Identification mark" shall mean the actual name of the manufacturer and the state in which the optical disc was manufactured, or alternatively a unique identifier that will allow law enforcement to determine the place at which an optical disc was manufactured. (e) "Person" shall include an individual, partnership, limited liability company, corporation, association, or any officer, employee or agent thereof. 2. Every person who manufactures an optical disc for commercial purposes shall permanently mark each manufactured optical disc with an identification mark. The identification mark shall be affixed by molding, diestamping, etching, or other permanent method in a manner which is clearly visible without the aid of magnification or special devices. 3. No person shall knowingly remove, deface, cover, alter, or destroy the identification mark required by this section. 4. (a) No person shall, for the purpose of sale or rental, buy, sell, receive, transfer, or possess an optical disc knowing the identification mark of the manufacturer has been removed, defaced, covered, altered or destroyed. (b) No person shall, for the purpose of sale or rental, buy, sell, receive, transfer or possess an optical disc knowing it was manufactured in New York without the identification mark required by this section, or knowing that it was manufactured in New York with a false identification mark. 5. (a) Any violation of subdivision two of this section shall be punishable as a class B misdemeanor. A second or subsequent violation of such subdivision shall be punishable as a class A misdemeanor. (b) Any violation of subdivision three or four of this section shall be punishable as a class A misdemeanor.