59-1401 – Act, how cited.
59-1401. Act, how cited. Sections 59-1401 to 59-1406 shall be known and may be cited as the Music Licensing Agency Act. Source Laws 1945, c. 139, § 1, p. 439; Laws 1993, LB 121, § 376; Laws 2018, LB1120, § 30.
59-1402 – Terms, defined.
59-1402. Terms, defined. For purposes of the Music Licensing Agency Act: (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 pursuant to 17 U.S.C. 101 et seq., as such sections existed on January 1, 2018, and does not include […]
59-1403 – License; tax; Department of Revenue; rules and regulations.
59-1403. License; tax; Department of Revenue; rules and regulations. There is hereby levied and there shall be collected a tax for the act or privilege of selling, licensing, or otherwise disposing in this state of performing rights in any musical composition, which has been copyrighted under the laws of the United States, in an amount […]
59-1403.01 – Music licensing agency; registration; fine; list of members.
59-1403.01. Music licensing agency; registration; fine; list of members. (1) Beginning January 1, 2019, a music licensing agency shall not license or attempt to license the use of or collect or attempt to collect any compensation with regard to any sale, license, or other disposition of a performing right unless the music licensing agency registers […]
59-1403.02 – Music licensing agency; duties; contract requirements.
59-1403.02. Music licensing agency; duties; contract requirements. (1) Beginning January 1, 2019, no music licensing agency may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at least seventy-two hours prior to the execution of that contract it provides to the proprietor or the proprietor’s employees, […]
59-1403.03 – Music licensing agency; disclosures; representative or agent; prohibited acts.
59-1403.03. Music licensing agency; disclosures; representative or agent; prohibited acts. (1) Beginning January 1, 2019, before seeking payment or a contract for payment of royalties for the use of copyrighted works by that proprietor, a representative or agent for a music licensing agency shall identify himself or herself to the proprietor or the proprietor’s employees, […]
59-1403.04 – Department of Revenue; duties.
59-1403.04. Department of Revenue; duties. The Department of Revenue shall inform proprietors of their rights and responsibilities regarding the public performance of copyrighted music as part of the business licensing service. Source Laws 2018, LB1120, § 36.
59-1403.05 – Act, how construed.
59-1403.05. Act, how construed. Nothing in the Music Licensing Agency Act may be construed to prohibit a music licensing agency from conducting an investigation to determine the existence of music use by a proprietor’s business or informing a proprietor of the proprietor’s obligations under the copyright laws of the United States pursuant to 17 U.S.C. […]
59-1404 – Copyright owner; assigns; licensees; benefits.
59-1404. Copyright owner; assigns; licensees; benefits. Upon compliance with the Music Licensing Agency Act, the copyright owner, and his or her assigns and licensees, of a nondramatic musical work copyrighted under the laws of the United States shall be entitled to all the benefits thereof. Source Laws 1945, c. 139, § 4, p. 440; Laws […]
59-1405 – Discrimination in price; price changes; exceptions.
59-1405. Discrimination in price; price changes; exceptions. All music licensing agencies who sell, license the use of, or in any manner whatsoever dispose of, in this state, the performing rights in or to any copyrighted musical composition shall refrain from discriminating in price or terms between licensees similarly situated, except that differentials based upon applicable […]
59-1406 – Violations; penalty.
59-1406. Violations; penalty. Any person violating the Music Licensing Agency Act shall be fined an amount not less than five hundred dollars and not more than two thousand dollars. Multiple violations on a single day may be considered separate violations. Source Laws 1945, c. 139, § 6, p. 441; Laws 2018, LB1120, § 40.
59-1501 – Act, how cited.
59-1501. Act, how cited. Sections 59-1501 to 59-1518 shall be known and may be cited as the Unfair Cigarette Sales Act. Source Laws 1965, c. 364, § 1, p. 1184.
59-1502 – Terms, defined.
59-1502. Terms, defined. As used in the Unfair Cigarette Sales Act, unless the context otherwise requires: (1) Person shall mean and include any individual, firm, association, company, partnership, limited liability company, corporation, joint-stock company, club, agency, syndicate, municipal corporation or other political subdivision of this state, trust, receiver, trustee, fiduciary, or conservator; (2) Cigarettes shall […]
59-1503 – Sale of cigarettes; unlawful acts; enumerated.
59-1503. Sale of cigarettes; unlawful acts; enumerated. It shall be unlawful and a violation of sections 59-1501 to 59-1518: (1) For any retailer, wholesaler or other person with intent to injure competitors or destroy or substantially lessen competition (a) to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost […]
59-1504 – Sale of cigarettes; cost to retailer; filing with division.
59-1504. Sale of cigarettes; cost to retailer; filing with division. (1) Cost to the retailer shall mean the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, […]
59-1505 – Sale of cigarettes; cost to wholesaler; filing with division.
59-1505. Sale of cigarettes; cost to wholesaler; filing with division. (1) Cost to the wholesaler shall mean the basic cost of cigarettes to the wholesaler plus the cost of doing business by the wholesaler, as evidenced by the standards and methods of accounting regularly employed by him or her in his or her allocation of […]
59-1506 – Sale of cigarettes; advertising, offers for sale, sales; combination sales.
59-1506. Sale of cigarettes; advertising, offers for sale, sales; combination sales. In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined price, and in all advertisements, offers for sale or sales involving the giving of any concession of any kind whatsoever, […]
59-1507 – Sale of cigarettes; sale by wholesaler to another wholesaler; sale price; limitation.
59-1507. Sale of cigarettes; sale by wholesaler to another wholesaler; sale price; limitation. When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his selling price to the latter cost to the wholesaler, as provided by section 59-1505, except that no such sale shall be made at […]
59-1508 – Sale of cigarettes; transactions excepted.
59-1508. Sale of cigarettes; transactions excepted. The provisions of sections 59-1501 to 59-1518 shall not apply to sales at retail or sales at wholesale made (1) as an isolated transaction and not in the usual course of business; (2) where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the […]
59-1509 – Sale of cigarettes; transactions permitted to meet lawful competition.
59-1509. Sale of cigarettes; transactions permitted to meet lawful competition. (1) Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article in this state at cost to him as a retailer as prescribed in sections […]