§ 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.