Section 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 other stage rendition by living
  persons who appear in the immediate presence of their audience.
    (b) "Theatre" shall mean a concert  hall,  recital  hall,  theatre  or
  other  auditorium  in  which  a performance is rendered and admission to
  which is limited by its management to persons holding admission  tickets
  or other written evidence of permission to enter.
    (c)  "Management"  shall mean: (i) the operator of a theatre; and (ii)
  with respect to a particular performance, the person hiring the  theatre
  to  present  such  performance  unless  such person shall have agreed in
  writing with such operator not to photograph or make sound recordings of
  such performance.
    2. No person shall take any photograph or make any sound recording  of
  any performance presented in a theatre without having first obtained the
  written  consent  of  the  management  to  do  so. The management of any
  theatre may maintain an action for an injunction, an accounting, or  for
  damages  resulting  from  or  in  respect  of  any  photographs or sound
  recordings of any performance made without the consent required by  this
  section  having  been  obtained,  or resulting from or in respect of any
  distribution or attempted distribution of any such photographs or  sound
  recordings or reproductions thereof.
    3. If any person admitted or seeking admission to a theatre in which a
  performance  is  to be or is being presented, attempts to bring into, or
  brings into such theatre any  photographic  or  sound  recording  device
  without  having  first obtained the written consent of the management to
  do so, such management shall  have  the  right  to  request  and  obtain
  possession  of  such  photographic  or  sound recording device until the
  conclusion of such performance. The management shall give a receipt  for
  such  device,  and shall be liable for any damage to such device or loss
  or theft of such device while in their care.
    4. If any person admitted or seeking admission to a theatre in which a
  performance is to be or is being presented, refuses or fails to give  or
  surrender possession of any photographic or sound recording device which
  such  person  has  brought  into  or attempts to bring into such theatre
  without having first obtained the written consent of the  management  to
  do  so,  then  the management shall have the right to remove such person
  therefrom  or  refuse  admission  thereto  to  such  person,  and  shall
  thereupon  offer  to refund and, unless such offer is refused, refund to
  such person the price paid by such person for admission to such theatre.
  If such person refuses to leave such theatre after having been  informed
  by  the  management thereof that possession of any photographic or sound
  recording device in such theatre without  the  written  consent  of  the
  management  is  prohibited,  then  such  person  shall  be  deemed to be
  remaining in the theatre unlawfully within the  meaning  of  subdivision
  five  of  section  140.00  and  section  140.05 of the penal law, and in
  addition, the management shall have the right to maintain an  action  in
  trespass and for punitive damages against such person.
    5.  The criminal penalties and civil remedies provided by this section
  shall be without force or effect unless the management  of  the  theatre
  shall  have  posted  signs at the box office and at or near the audience
  entrance to the portion of the theatre wherein the performance is to  be
  presented  and  printed  in  any  program  which may be furnished to the
  audience for such performance, stating in substance as follows:
                                    WARNING

    The photographing  or  sound  recording  of  any  performance  or  the
  possession  of  any  device  for  such  photographing or sound recording
  inside this theatre, without the written permission of the management is
  prohibited by law. Offenders may be ejected and liable for  damages  and
  other lawful remedies.