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 40-13-301 – 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 40-13-302 – 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 […]