21750. For purposes of this chapter, the following definitions apply: (a) “Copyright owner” means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, P. L. 94-553 (17 U.S.C. Sec. 101 et seq.). “Copyright owner” does […]
21751. No copyright owner or performing rights society may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at least 72 hours prior to the execution of that contract, it provides to the proprietor, in writing, the following: (a) A schedule of the rates and terms of […]
21751.5. A performing rights society shall make available electronically to proprietors the most current available list of the members and affiliates represented by the performing rights society and the most current available list of no less than the performed works that the society licenses. A performing rights society may make additional information available to a […]
21752. A contract for the payment of royalties executed in this state shall: (a) Be in writing. (b) Be signed by the parties. (c) Include at least the following information: (1) The proprietor’s name and business address. (2) The name and location of each place of business to which the contract applies. (3) The duration of the contract. (4) The schedule of […]
21753. (a) No representative or agent of a performing rights society may do any of the following: (1) Discuss with the proprietor or the proprietor’s employee, a contract for payment of royalties by a proprietor or the use of copyrighted works by the proprietor, without first identifying himself or herself to the proprietor or the proprietor’s employees. […]
21754. A person who wilfully violates any of the provisions of this act is liable for a civil penalty of five thousand dollars ($5,000) per violation. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
21755. A proprietor may bring an action or assert a counterclaim against a copyright owner or performing rights society to enjoin any violation of this chapter and to recover any damages sustained by the proprietor as a result of a violation of this chapter. If successful, the proprietor is entitled to recover treble damages, together […]
21756. The rights, remedies, and prohibitions accorded by this chapter are in addition to any other right, remedy, or prohibition accorded by law. Nothing in this chapter shall be construed to deny, abrogate, or impair any right, remedy, or prohibition. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
21757. This chapter does not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission. However, if a copyright owner or performing rights society is licensed by the Federal Communications Commission, this chapter applies to contracts between that copyright owner or performing rights society and a proprietor. […]
21758. This chapter does not apply to conduct engaged in while enforcing Section 653w of the Penal Code. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
