|SB 0355||Contracts for payment of royalties/copyrighted music|
|Last Action:||06/27/95 - Signed by Governor|
|Effective Date:||August 28, 1995|
HS/SB 355 - This act requires performing rights societies and copyright owners of nondramatic musical works, other than a motion picture or other audio visual work, to provide certain information to proprietors when contracting for payment of royalties for use of copyrighted material. The particular information is detailed in the act and must include a schedule of rates and terms of royalties under the contract.
Contracts for royalty payments for musical works shall be written, signed, shall not exceed one year unless by mutual agreement, and shall include other information specified in the act.
Copyright owners and performing rights societies are prohibited from: (1) entering onto the premises of a proprietor's business, in order to discuss a contract for payment of royalties, without first providing notice and identification; (2) collecting royalty payments except under a proper contract; (3) using threats to negotiate favorable royalty contracts; (4) charging unreasonable royalty fees; and (5) collecting any fee, royalty, or other charge from any entity which conducts a not- for-profit musical festival or performance, with certain exceptions. Any violation is a Class C misdemeanor.
A proprietor may bring an action to enjoin a violation of this act and to recover damages. This act shall not apply to contracts with proprietors who are broadcasters licensed by the Federal Communications Commission, or to contracts with cable operators, programmers or other transmission services. RONALD J. LEONE