§ 4-76-101. Short title

This chapter may be cited as the “Copyright Royalty Collection Practices Act”.

§ 4-76-102. Definitions

In this chapter: (1) “Copyright owner” means the owner of a copyright of a musical work, other than a motion picture or audiovisual work, recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Pub. L. 94-554, 17 U.S.C. § 101 et seq.; (2) “Performing […]

§ 4-76-103. Licensing negotiations

No performing rights society shall offer to enter into or 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 execution of that contract, it provides to the proprietor, in writing, the […]

§ 4-76-104. Form of contract

Every contract between a performing rights society and a proprietor for the payment of royalties executed in this state shall: (1) Be in writing; (2) Be signed by the parties; and (3) Include at least the following information: (A) The proprietor’s name and business address and the name and location of each place of business […]

§ 4-76-105. Improper licensing practices

No performing rights society or any agent or employee thereof shall 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.

§ 4-76-106. Code of conduct

No performing rights society or any agent, employee, or representative thereof shall: (1) Engage in any coercive act or practice that is disruptive of a proprietor’s business; or (2) Enter onto the premises of a proprietor’s business for the purpose of discussing or inquiring about a contract for payment of royalties for the use of […]

§ 4-76-107. Civil remedies — Injunction

Any person who suffers a violation of this chapter 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.

§ 4-76-108. Application

(a) This chapter 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. (b) This chapter does not apply to investigations by law enforcement officers or other persons concerning a suspected violation of § 5-37-510(c).