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House Journal: Page 1699: Wednesday, April 17, 1996

H-5981

 1     Amend House File 230, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  NEW SECTION.  549.1  SHORT TITLE.
 6     This chapter may be cited as the "Music Licensing
 7   Fees Act".
 8     Sec. 2.  NEW SECTION.  549.2  DEFINITIONS.
 9     As used in this chapter:
10     1.  "Copyright owner" means the owner of a
11   copyright of a nondramatic musical work recognized and
12   enforceable under the copyright laws of the United
13   States under 17 U.S.C. "/g" 101 et seq.
14     2.  "Performing rights society" means an
15   association or corporation, including an agent or
16   employee of the association or corporation, that
17   licenses the public performance of a nondramatic
18   musical work on behalf of a copyright owner, including
19   the American society of composers, authors and
20   publishers (ASCAP), broadcast music, inc. (BMI), and
21   the society of European stage authors and composers,
22   inc. (SESAC).
23     3.  "Proprietor" means the owner of a retail
24   establishment, restaurant, inn, bar, tavern, or any
25   other similar place of business located in this state
26   in which the public may assemble and in which
27   nondramatic musical works may be performed, broadcast,
28   or otherwise transmitted.
29     4.  "Royalty" or "royalties" means the license fee
30   or fees payable by a proprietor to a performing rights
31   society for the public performance of a nondramatic
32   musical work.
33     Sec. 3.  NEW SECTION.  549.3  LICENSING
34   NEGOTIATIONS.
35     1.  A performing rights society shall not enter
36   onto the business premises of a proprietor for the
37   purpose of discussing a contract for the payment of
38   royalties by the proprietor, unless the performing
39   rights society identifies itself to the proprietor and
40   describes to the proprietor the purpose for entering
41   onto the proprietor's business premises.
42     2.  A performing rights society shall not enter
43   into, or offer to enter into, a contract for the
44   payment of royalties by a proprietor unless at the
45   time of the offer, or any later time, but not later
46   than seventy-two hours prior to the execution of the
47   contract, the performing rights society provides to
48   the proprietor, in writing, all of the following:
49     a.  A schedule of the rates and terms of royalties
50   under the contract.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Thu Apr 18 13:30:03 CDT 1996
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