32-37-4-1. Prohibited Acts
Sec. 1. A performing rights society or an agent or employee of a performing rights society may not: (1) enter into a contract unless the contract is executed in accordance with the provisions of this article; (2) enter a proprietor’s business premises to discuss a contract for the performance of copyrighted works or the payment […]
32-37-5-1. Available Remedies
Sec. 1. A person who suffers a loss as a result of a violation of this article may: (1) bring an action to recover: (A) actual damages; and (B) reasonable attorney’s fees; (2) seek an injunction; and (3) seek any other remedy available at law or in equity. [Pre-2002 Recodification Citation: 32-14-5-1.] As added by […]
32-37-1-1. Exceptions
Sec. 1. This article does not apply to the following: (1) A contract between a performing rights society and: (A) a broadcaster licensed by the Federal Communications Commission; (B) a cable television operator or programmer; or (C) another transmission service. (2) An investigation by a law enforcement agency. (3) An investigation by a law enforcement […]
32-37-2-1. Applicability
Sec. 1. The definitions in this chapter apply throughout this article. [Pre-2002 Recodification Citation: 32-14-2-1.] As added by P.L.2-2002, SEC.22.
32-37-2-2. “Copyright Owner”
Sec. 2. (a) “Copyright owner” means the owner of a copyright, enforceable under 17 U.S.C. 101 et seq., of a nondramatic musical work. (b) The term does not include the owner of a copyright in a motion picture or an audiovisual work, or in part of a motion picture or an audiovisual work. [Pre-2002 Recodification […]
32-37-2-3. “Performing Rights Society”
Sec. 3. (a) “Performing rights society” means an association or a corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners. (b) The term includes the following: (1) The American Society of Composers, Authors, and Publishers (ASCAP). (2) Broadcast Music, Inc. (BMI). (3) SESAC, Inc. [Pre-2002 Recodification Citation: 32-14-2-3.] As […]
32-37-2-4. “Proprietor”
Sec. 4. “Proprietor” means the owner of: (1) a professional office; (2) a retail establishment; (3) a restaurant; (4) a bar; (5) a tavern; or (6) an establishment similar to an establishment listed under subdivisions (1) through (5); that is located in Indiana, in which the public may assemble, and in which nondramatic musical works […]
32-37-2-5. “Royalty”
Sec. 5. “Royalty” means a fee payable to a performing rights society for public performance rights. [Pre-2002 Recodification Citation: 32-14-2-5.] As added by P.L.2-2002, SEC.22.
32-37-3-1. Written Information to Be Provided; Request for Additional Information
Sec. 1. (a) At least seventy-two (72) hours before the execution of a contract between a performing rights society and a proprietor, the performing rights society shall provide the proprietor with the following written information: (1) A schedule of the rates and terms of royalties under the contract. (2) A toll free telephone number from […]
32-37-3-2. Requirements for Contract
Sec. 2. A contract executed, issued, or renewed in Indiana between a performing rights society and a proprietor must be in a writing signed by the parties and must include the following information: (1) The name and business address of the proprietor. (2) The name and address of the performing rights society. (3) The name […]