Text: HF00229 Text: HF00231 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 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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