Text: S05669 Text: S05671 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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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 or similar work
1 12 recognized and enforceable under the copyright laws of
1 13 the United 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 or similar 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."
3 26 #2. Title page, by striking line 2 and inserting
3 27 the following: "certain copyrights".
3 28
3 29
3 30
3 31 MICHAEL E. GRONSTAL
3 32 HF 230.502 76
3 33 da/jw
Text: S05669 Text: S05671 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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