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1 1 Section 1. NEW SECTION. 549.1 SHORT TITLE.
1 2 This chapter may be cited as the "Music Licensing Fees
1 3 Act".
1 4 Sec. 2. NEW SECTION. 549.2 DEFINITIONS.
1 5 As used in this chapter:
1 6 1. "Copyright owner" means the owner of a copyright of a
1 7 nondramatic musical work recognized and enforceable under the
1 8 copyright laws of the United States under 17 U.S.C. } 101 et
1 9 seq.
1 10 2. "Performing rights society" means an association or
1 11 corporation, including an agent or employee of the association
1 12 or corporation, that licenses the public performance of a
1 13 nondramatic musical work on behalf of a copyright owner,
1 14 including the American society of composers, authors and
1 15 publishers (ASCAP), broadcast music, inc. (BMI), and the
1 16 society of European stage authors and composers, inc. (SESAC).
1 17 3. "Proprietor" means the owner of a retail establishment,
1 18 restaurant, inn, bar, tavern, or any other similar place of
1 19 business located in this state in which the public may
1 20 assemble and in which nondramatic musical works may be
1 21 performed, broadcast, or otherwise transmitted.
1 22 4. "Royalty" or "royalties" means the license fee or fees
1 23 payable by a proprietor to a performing rights society for the
1 24 public performance of a nondramatic musical work.
1 25 Sec. 3. NEW SECTION. 549.3 LICENSING NEGOTIATIONS.
1 26 1. A performing rights society shall not enter onto the
1 27 business premises of a proprietor for the purpose of
1 28 discussing a contract for the payment of royalties by the
1 29 proprietor, unless the performing rights society identifies
1 30 itself to the proprietor and describes to the proprietor the
1 31 purpose for entering onto the proprietor's business premises.
1 32 2. A performing rights society shall not enter into, or
1 33 offer to enter into, a contract for the payment of royalties
1 34 by a proprietor unless at the time of the offer, or any later
1 35 time, but not later than seventy-two hours prior to the
2 1 execution of the contract, the performing rights society
2 2 provides to the proprietor, in writing, all of the following:
2 3 a. A schedule of the rates and terms of royalties under
2 4 the contract.
2 5 b. Upon the request of the proprietor, the opportunity to
2 6 review the most current available list of the members or
2 7 affiliates represented by the performing rights society.
2 8 c. Notice that the performing rights society will make
2 9 available, upon the written request of a proprietor, at the
2 10 sole expense of the proprietor, the most current available
2 11 listing of the copyrighted nondramatic musical or similar
2 12 works in the performing rights society's repertory, provided
2 13 that the notice shall specify the means by which the listing
2 14 can be secured.
2 15 d. Notice that the performing rights society complies with
2 16 federal law and orders of courts having appropriate
2 17 jurisdiction regarding the rates and terms of royalties and
2 18 the circumstances under which licenses for rights of public
2 19 performance are offered to any proprietor.
2 20 Sec. 4. NEW SECTION. 549.4 ROYALTY CONTRACT
2 21 REQUIREMENTS.
2 22 A contract for the payment of royalties between a
2 23 performing rights society and a proprietor executed in this
2 24 state shall meet all of the following requirements:
2 25 1. Be in writing.
2 26 2. Be signed by the parties.
2 27 3. Include, at a minimum, the following information:
2 28 a. The proprietor's name and business address and the name
2 29 and location of each place of business to which the contract
2 30 applies.
2 31 b. The name of the performing rights society.
2 32 c. The duration of the contract.
2 33 d. The schedule of rates and terms of the royalties to be
2 34 collected under the contract, including any sliding scale or
2 35 schedule for any increase or decrease of rates for the
3 1 duration of the contract.
3 2 Sec. 5. NEW SECTION. 549.5 IMPROPER LICENSING PRACTICES.
3 3 A performing rights society shall not collect, or attempt
3 4 to collect, from a proprietor licensed by that performing
3 5 rights society, a royalty payment except as provided in a
3 6 contract executed pursuant to the provisions of this chapter.
3 7 Sec. 6. NEW SECTION. 549.6 INVESTIGATIONS.
3 8 This chapter shall not be construed to prohibit a
3 9 performing rights society from conducting investigations to
3 10 determine the existence of music use by a proprietor or
3 11 informing a proprietor of the proprietor's obligations under
3 12 the federal copyright law, 17 U.S.C. } 101 et seq.
3 13 Sec. 7. NEW SECTION. 549.7 REMEDIES – INJUNCTION.
3 14 A person who suffers a violation of this chapter may bring
3 15 an action to recover actual damages and reasonable attorney's
3 16 fees and to seek an injunction or any other available remedy.
3 17 Sec. 8. NEW SECTION. 549.8 REMEDIES CUMULATIVE.
3 18 The rights, remedies, and prohibitions contained in this
3 19 chapter shall be in addition to and cumulative of any other
3 20 right, remedy, or prohibition accorded by common law or state
3 21 or federal law. This chapter shall not be construed to deny,
3 22 abrogate, or impair any such common law or statutory right,
3 23 remedy, or prohibition.
3 24 Sec. 9. NEW SECTION. 549.9 EXCEPTIONS.
3 25 This chapter shall not apply to a contract between a
3 26 performing rights society or a copyright owner and a
3 27 broadcaster licensed by the federal communications commission,
3 28 or to a contract with a cable operator, programmer, or other
3 29 transmission service. This chapter shall not apply to a
3 30 nondramatic musical or similar work performed in
3 31 synchronization with an audio or visual film or tape. This
3 32 chapter shall also not apply to the gathering of information
3 33 to determine compliance with or activities related to the
3 34 enforcement of section 714.15.
3 35 HF 230
4 1 da/pk/25
Text: HF00229 Text: HF00231 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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