Section 549.1 – Short title.

549.1 Short title. This chapter may be cited as the “Music Licensing Fees Act”. 96 Acts, ch 1155, §1

Section 549.2 – Definitions.

549.2 Definitions. As used in this chapter: 1. “Copyright owner” means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States under 17 U.S.C. §101 et seq. 2. “Performing rights society” means an association or corporation, including an agent or employee of the association […]

Section 549.3 – Licensing negotiations.

549.3 Licensing negotiations. 1. A performing rights society shall not enter onto the business premises of a proprietor for the purpose of discussing a contract for the payment of royalties by the proprietor, unless the performing rights society identifies itself to the proprietor and describes to the proprietor the purpose for entering onto the proprietor’s […]

Section 549.4 – Royalty contract requirements.

549.4 Royalty contract requirements. A contract for the payment of royalties between a performing rights society and a proprietor executed in this state shall meet all of the following requirements: 1. Be in writing. 2. Be signed by the parties. 3. Include, at a minimum, the following information: a. The proprietor’s name and business address […]

Section 549.5 – Improper licensing practices.

549.5 Improper licensing practices. A performing rights society shall not collect, or attempt to collect, from a proprietor licensed by that performing rights society, a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter. 96 Acts, ch 1155, §5

Section 549.6 – Investigations.

549.6 Investigations. This chapter shall not be construed to prohibit a performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor’s obligations under the federal copyright law, 17 U.S.C. §101 et seq. 96 Acts, ch 1155, §6

Section 549.7 – Remedies — injunction.

549.7 Remedies — injunction. A person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney fees and to seek an injunction or any other available remedy. 96 Acts, ch 1155, §7

Section 549.8 – Remedies cumulative.

549.8 Remedies cumulative. The rights, remedies, and prohibitions contained in this chapter shall be in addition to and cumulative of any other right, remedy, or prohibition accorded by common law or state or federal law. This chapter shall not be construed to deny, abrogate, or impair any such common law or statutory right, remedy, or […]

Section 549.9 – Exceptions.

549.9 Exceptions. This chapter shall not apply to a contract between a performing rights society or a copyright owner and a broadcaster licensed by the federal communications commission, or to a contract with a cable operator, programmer, or other transmission service. This chapter shall not apply to a nondramatic musical or similar work performed in […]