13-10a - Music Licensing Practices Act
Title 13 > 13-10a
Sections (8)
13-10a-1 - Title.
This act is known as the “Music Licensing Practices Act.”
13-10a-2 - Definitions.
As used in this chapter: 13-10a-2(1) “Copyright laws of the United States” means those laws specified pursuant to Title 17, United States Code. 13-10a-2(2) “Copyright owner” does not include the owner of a copyright in a motion picture or audio-visual work or a part of a motion picture or audio-visual work. 13-10a-2(3) “Division” means the Division of Consumer Protection. 13-10a-2(4) “Performing rights society or organization” means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. 13-10a-2(5) “Proprietor” means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which:
the public may assemble; and musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. 13-10a-2(6) “Royalty” or “royalties” means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works.
13-10a-3 - Access to repertoire.
13-10a-3(1) Each performing rights society or organization licensing music in the state shall:
maintain a current electronic list of the titles and names of the authors and publishers of all performed copyrighted musical works for which the performing rights society collects royalties on behalf of copyright owners; update the list at least quarterly; and provide to the division the electronic address at which the list may be viewed. 13-10a-3(2) Upon request, any person may review the list, in electronic form, of copyrighted works through the division. 13-10a-3(3) Each performing rights society or organization shall provide an electronic or printed copy of its most current lists of copyrighted musical works and members at cost, not including the cost of maintaining the database or any other overhead, to any person upon request. 13-10a-3(4) Each performing rights society or organization licensing music in this state shall establish and maintain a toll free telephone number which can be used to answer inquiries regarding specific musical works licensed by that performing rights society and the copyright owners represented by the performing rights society or organization.
13-10a-4 - Notification of rights.
No performing rights society or organization may 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 72 hours prior to the execution of the contract, it provides to the proprietor, in writing, a schedule of the rates and terms of royalties under the contract, including: 13-10a-4(1) any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible; and 13-10a-4(2) any scheduled increases or decreases in fees during the term of the contract.
13-10a-5 - Contract requirements.
13-10a-5(1) Beginning July 1, 1998, each contract for the payment of royalties between a proprietor and a performing rights society or organization executed, issued, or renewed in the state shall:
be in writing; be signed by both parties to the contract; and include at least the following information: the proprietor’s name and business address and the name and location of each place of business to which the contract applies; the name and business address of the performing rights society or organization; the duration of the contract; and the schedule of rates and terms of royalties to be collected under the contract, including any sliding scale, discount, or schedule for any increase or decrease of those rates for the duration of the contract. 13-10a-5(2) Nothing in this act shall be construed to affect any contract signed before July 1, 1998. All contracts signed before July 1, 1998, that are renewed after that date are subject to the requirements of this act.
13-10a-6 - Jurisdiction of court action.
An action may be brought or a counterclaim may be asserted in a court of competent jurisdiction against a performing rights society to enjoin a violation of this act and to recover actual damages sustained as a result of that violation.
13-10a-7 - Provisions of chapter not exclusive.
The remedies, duties, and prohibitions of this chapter are not exclusive and are in addition to all other causes of actions, remedies, and penalties provided by law.
13-10a-8 - Exemptions.
13-10a-8(1) This act does not apply to contracts between performing rights societies or organizations and broadcasters licensed by the Federal Communications Commission, unless any such society is licensed by the Federal Communications Commission. 13-10a-8(2) This act does not apply to investigations by law enforcement agencies or other persons with respect to suspected violations of Subsection 13-10-8(2)(b).