Section 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.