47-21.2 Royalties Contracts
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<![CDATA[CHAPTER 47-21.2ROYALTIES CONTRACTS47-21.2-01. Definitions. As used in this chapter:1."Copyright laws of the United States" means those laws specified pursuant to title 17<br>of the United States Code [Pub. L. 94-553; 17 U.S.C. 101 et seq.].2."Copyright owner" means the owner of a copyright of a musical work other than a<br>motion picture or other audiovisual work or part of a motion picture or other<br>audiovisual work, which is recognized and enforceable under the copyright laws of<br>the United States.3."Performing rights society" means an association or corporation that licenses the<br>public performance of nondramatic musical works on behalf of copyright owners,<br>including the American Society of Composers, Authors, and Publishers; Broadcast<br>Music, Incorporated; and SESAC, Incorporated.4."Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern,<br>sports or entertainment facility, not for-profit organization, or any other place of<br>business or professional office located in this state in which the public may assemble<br>and in which musical works may be performed, broadcast, or otherwise transmitted<br>for the enjoyment of the members of the public in that place.5."Royalties" means the license fees payable by a proprietor to a performing rights<br>society for the nondramatic public performance of musical works.47-21.2-02. Notice and information. A performing rights society may not enter, or offerto enter, a contract for the payment of royalties by a proprietor unless it agrees to provide to the<br>proprietor upon request at the proprietor's place of business, by electronic means or otherwise,<br>information as to whether specific copyrighted musical works are in its repertoire and the<br>opportunity to review the most current available list of the performing rights society's members or<br>affiliates.47-21.2-03.Contract requirements.Every contract for the payment of royaltiesbetween a proprietor and a performing rights society executed, issued, or renewed in this state<br>must be signed by both parties to the contract and must include the following information:1.The proprietor's name and business address and the name and location of each<br>place of business to which the contract applies;2.The name and business address of the performing rights society;3.The duration of the contract; and4.The schedule of rates and terms of royalties to be collected under the contract,<br>including any sliding scale, discount, or schedule for any increase or decrease of<br>those rates for the duration of the contract.47-21.2-04. Prohibited conduct. A performing rights society, or any agent, employee,or representative of a performing rights society, may not:1.Enter onto the premises of a proprietor's business for the purpose of discussing or<br>inquiring about a contract for the payment of royalties with the proprietor or the<br>proprietor's employees, without first providing identification to the proprietor or the<br>proprietor's employees, providing photographic identification from the society if<br>requested, and making known to the proprietor or the proprietor's employees the<br>purpose of the discussion or inquiry;Page No. 12.Engage in any coercive conduct, act, or practice that is substantially disruptive to a<br>proprietor's business;3.Use or attempt to use any unfair or deceptive act or practice in negotiating with a<br>proprietor; or4.Fail to comply with or fulfill the obligations imposed by sections 47-21.2-02 and<br>47-21.2-03. However, this chapter does not prohibit a performing rights society from<br>conducting investigations to determine the existence of music use by a proprietor or<br>informing a proprietor of the proprietor's obligation under the copyright laws of the<br>United States.47-21.2-05. Remedies. Any person suffering a violation of this chapter has a claim forrelief to recover actual damages and reasonable attorney's fees and seek an injunction or any<br>other remedy available.47-21.2-06. Application. This chapter does not apply to contracts between copyrightowners or performing rights societies and broadcasters licensed by the federal communications<br>commission or to contracts with cable operators, programmers, or other transmission services.<br>In addition, this chapter does not apply to musical works performed in synchronization with an<br>audiovisual film or tape.This chapter does not apply to investigations by law enforcementofficers or other persons concerning a suspected violation of section 47-21.1-03.Page No. 2Document Outlinechapter 47-21.2 royalties contracts]]>