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House Journal: Page 1700: Wednesday, April 17, 1996

Page 2  

 1     b.  Upon the request of the proprietor, the
 2   opportunity to review the most current available list
 3   of the members or affiliates represented by the
 4   performing rights society.
 5     c.  Notice that the performing rights society will
 6   make available, upon the written request of a
 7   proprietor, at the sole expense of the proprietor, the
 8   most current available listing of the copyrighted
 9   nondramatic musical or similar works in the performing
10   rights society's repertory, provided that the notice
11   shall specify the means by which the listing can be
12   secured.
13     d.  Notice that the performing rights society
14   complies with federal law and orders of courts having
15   appropriate jurisdiction regarding the rates and terms
16   of royalties and the circumstances under which
17   licenses for rights of public performance are offered
18   to any proprietor.
19     Sec. 4.  NEW SECTION.  549.4  ROYALTY CONTRACT
20   REQUIREMENTS.
21     A contract for the payment of royalties between a
22   performing rights society and a proprietor executed in
23   this state shall meet all of the following
24   requirements:
25     1.  Be in writing.
26     2.  Be signed by the parties.
27     3.  Include, at a minimum, the following
28   information:
29     a.  The proprietor's name and business address and
30   the name and location of each place of business to
31   which the contract applies.
32     b.  The name of the performing rights society.
33     c.  The duration of the contract.
34     d.  The schedule of rates and terms of the
35   royalties to be collected under the contract,
36   including any sliding scale or schedule for any
37   increase or decrease of rates for the duration of the
38   contract.
39     Sec. 5.  NEW SECTION.  549.5  IMPROPER LICENSING
40   PRACTICES.
41     A performing rights society shall not collect, or
42   attempt to collect, from a proprietor licensed by that
43   performing rights society, a royalty payment except as
44   provided in a contract executed pursuant to the
45   provisions of this chapter.
46     Sec. 6.  NEW SECTION.  549.6  INVESTIGATIONS.
47     This chapter shall not be construed to prohibit a
48   performing rights society from conducting
49   investigations to determine the existence of music use
50   by a proprietor or informing a proprietor of the

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
URL: /DOCS/GA/76GA/Session.2/HJournal/01700/01700.html
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