Text: H05980 Text: H05982 Text: H05900 - H05999 Text: H Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.
-->
PAG LIN
1 1 Amend House File 230, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. By striking everything after the enacting
1 4 clause and inserting the following:
1 5 "Section 1. NEW SECTION. 549.1 SHORT TITLE.
1 6 This chapter may be cited as the "Music Licensing
1 7 Fees Act".
1 8 Sec. 2. NEW SECTION. 549.2 DEFINITIONS.
1 9 As used in this chapter:
1 10 1. "Copyright owner" means the owner of a
1 11 copyright of a nondramatic musical work recognized and
1 12 enforceable under the copyright laws of the United
1 13 States under 17 U.S.C. } 101 et seq.
1 14 2. "Performing rights society" means an
1 15 association or corporation, including an agent or
1 16 employee of the association or corporation, that
1 17 licenses the public performance of a nondramatic
1 18 musical work on behalf of a copyright owner, including
1 19 the American society of composers, authors and
1 20 publishers (ASCAP), broadcast music, inc. (BMI), and
1 21 the society of European stage authors and composers,
1 22 inc. (SESAC).
1 23 3. "Proprietor" means the owner of a retail
1 24 establishment, restaurant, inn, bar, tavern, or any
1 25 other similar place of business located in this state
1 26 in which the public may assemble and in which
1 27 nondramatic musical works may be performed, broadcast,
1 28 or otherwise transmitted.
1 29 4. "Royalty" or "royalties" means the license fee
1 30 or fees payable by a proprietor to a performing rights
1 31 society for the public performance of a nondramatic
1 32 musical work.
1 33 Sec. 3. NEW SECTION. 549.3 LICENSING
1 34 NEGOTIATIONS.
1 35 1. A performing rights society shall not enter
1 36 onto the business premises of a proprietor for the
1 37 purpose of discussing a contract for the payment of
1 38 royalties by the proprietor, unless the performing
1 39 rights society identifies itself to the proprietor and
1 40 describes to the proprietor the purpose for entering
1 41 onto the proprietor's business premises.
1 42 2. A performing rights society shall not enter
1 43 into, or offer to enter into, a contract for the
1 44 payment of royalties by a proprietor unless at the
1 45 time of the offer, or any later time, but not later
1 46 than seventy-two hours prior to the execution of the
1 47 contract, the performing rights society provides to
1 48 the proprietor, in writing, all of the following:
1 49 a. A schedule of the rates and terms of royalties
1 50 under the contract.
2 1 b. Upon the request of the proprietor, the
2 2 opportunity to review the most current available list
2 3 of the members or affiliates represented by the
2 4 performing rights society.
2 5 c. Notice that the performing rights society will
2 6 make available, upon the written request of a
2 7 proprietor, at the sole expense of the proprietor, the
2 8 most current available listing of the copyrighted
2 9 nondramatic musical or similar works in the performing
2 10 rights society's repertory, provided that the notice
2 11 shall specify the means by which the listing can be
2 12 secured.
2 13 d. Notice that the performing rights society
2 14 complies with federal law and orders of courts having
2 15 appropriate jurisdiction regarding the rates and terms
2 16 of royalties and the circumstances under which
2 17 licenses for rights of public performance are offered
2 18 to any proprietor.
2 19 Sec. 4. NEW SECTION. 549.4 ROYALTY CONTRACT
2 20 REQUIREMENTS.
2 21 A contract for the payment of royalties between a
2 22 performing rights society and a proprietor executed in
2 23 this state shall meet all of the following
2 24 requirements:
2 25 1. Be in writing.
2 26 2. Be signed by the parties.
2 27 3. Include, at a minimum, the following
2 28 information:
2 29 a. The proprietor's name and business address and
2 30 the name and location of each place of business to
2 31 which the contract applies.
2 32 b. The name of the performing rights society.
2 33 c. The duration of the contract.
2 34 d. The schedule of rates and terms of the
2 35 royalties to be collected under the contract,
2 36 including any sliding scale or schedule for any
2 37 increase or decrease of rates for the duration of the
2 38 contract.
2 39 Sec. 5. NEW SECTION. 549.5 IMPROPER LICENSING
2 40 PRACTICES.
2 41 A performing rights society shall not collect, or
2 42 attempt to collect, from a proprietor licensed by that
2 43 performing rights society, a royalty payment except as
2 44 provided in a contract executed pursuant to the
2 45 provisions of this chapter.
2 46 Sec. 6. NEW SECTION. 549.6 INVESTIGATIONS.
2 47 This chapter shall not be construed to prohibit a
2 48 performing rights society from conducting
2 49 investigations to determine the existence of music use
2 50 by a proprietor or informing a proprietor of the
3 1 proprietor's obligations under the federal copyright
3 2 law, 17 U.S.C. } 101 et seq.
3 3 Sec. 7. NEW SECTION. 549.7 REMEDIES –
3 4 INJUNCTION.
3 5 A person who suffers a violation of this chapter
3 6 may bring an action to recover actual damages and
3 7 reasonable attorney's fees and to seek an injunction
3 8 or any other available remedy.
3 9 Sec. 8. NEW SECTION. 549.8 REMEDIES CUMULATIVE.
3 10 The rights, remedies, and prohibitions contained in
3 11 this chapter shall be in addition to and cumulative of
3 12 any other right, remedy, or prohibition accorded by
3 13 common law or state or federal law. This chapter
3 14 shall not be construed to deny, abrogate, or impair
3 15 any such common law or statutory right, remedy, or
3 16 prohibition.
3 17 Sec. 9. NEW SECTION. 549.9 EXCEPTIONS.
3 18 This chapter shall not apply to a contract between
3 19 a performing rights society or a copyright owner and a
3 20 broadcaster licensed by the federal communications
3 21 commission, or to a contract with a cable operator,
3 22 programmer, or other transmission service. This
3 23 chapter shall not apply to a nondramatic musical or
3 24 similar work performed in synchronization with an
3 25 audio or visual film or tape. This chapter shall also
3 26 not apply to the gathering of information to determine
3 27 compliance with or activities related to the
3 28 enforcement of section 714.15."
3 29 #2. Title page, by striking line 2 and inserting
3 30 the following: "certain copyrights.".
3 31 HF 230S
3 32 da/cc/26
Text: H05980 Text: H05982 Text: H05900 - H05999 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Apr 18 03:24:53 CDT 1996
URL: /DOCS/GA/76GA/Legislation/H/05900/H05981/960417.html
jhf