Section 40-13-304 – Civil Actions.
40-13-304. Civil actions. Any person who suffers a violation of this act may bring an action to recover actual damages and reasonable attorney’s fees and seek an injunction or any other remedy available at law or in equity.
Section 40-13-305 – Applicability.
40-13-305. Applicability. This act shall not apply to contracts between performing rights societies and broadcasters licensed by the federal communications commission or to contracts with cable operators, programmers or other transmission services. This act also shall not apply to investigations conducted by law enforcement agencies.
Section 40-13-302 – Information Required to Be Provided Regarding Royalty Contracts; Contract Requirements.
40-13-302. Information required to be provided regarding royalty contracts; contract requirements. (a) No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than seventy-two (72) hours prior to the […]
Section 40-13-303 – Restrictions.
40-13-303. Restrictions. (a) No performing rights society or any agent or employee thereof shall: (i) With respect to a contract executed, issued or renewed on or after July 1, 1996, 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 […]
Section 40-13-204 – Additional Prohibited Act; Evidence.
40-13-204. Additional prohibited act; evidence. No person shall knowingly or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, distribute or possess any article which has been produced without the consent of the owner or performer. Possession of five (5) or more duplicate copies or twenty (20) or more individual […]
Section 40-13-205 – Penalty.
40-13-205. Penalty. (a) Any person who violates any portion of W.S. 40-13-202 is guilty of a felony and shall be imprisoned in the state penitentiary for not less than one (1) year nor more than two (2) years or fined not more than ten thousand dollars ($10,000.00), or both. Each violation is a separate offense. […]
Section 40-13-206 – Exceptions.
40-13-206. Exceptions. (a) W.S. 40-13-201 through 40-13-206 do not apply to: (i) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (ii) Any person who transfers such sounds in the home, […]
Section 40-13-301 – Definitions.
40-13-301. Definitions. (a) As used in this act: (i) “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. § 101 et seq.). “Copyright owner” shall not […]
Section 40-13-111 – Existing Contracts Not Affected.
40-13-111. Existing contracts not affected. No blanket license or contract in existence with a user in the state of Wyoming at the time of the passage of this act shall be affected by this act.
Section 40-13-112 – Special Appearances Deemed General.
40-13-112. Special appearances deemed general. In the event any person, or any defendant is proceeded against as herein outlined, and is served with process according to law, appears in any proceeding by counsel or otherwise, or institutes any special proceeding attacking such proceeding, or makes any motion therein, either special or general, or appears to […]