Retail Establishment And Performing Rights

Section 1 of the bill expands the law covering contracts between performing rights societies and proprietors of retail establishments to cover investigations and negotiations between the two.

Current law gives a retail establishment 72 hours to consider and to rescind a contract with a performing rights society. Section 2 changes this standard to 3 business days. Section 2 also clarifies that the law governing these negotiations and contracts applies to representatives of these societies. Finally, the societies are prohibited from charging a proprietor for performances that are already licensed for the performance.

Section 3 raises the minimum statutory damages from $1,000 to $2,000 for violating the statutes covering performing rights societies.

Section 4 :

• Requires a performing rights society to publish and file with the secretary of state its form contracts and a schedule of fees it charges a proprietor to license music for public performance. A link to the schedule must be filed with the secretary of state, who publishes the link.
• Upon request from the secretary of state, requires each performing rights society to provide information concerning a proprietor's rights and duties for public performances. The secretary of state must post the information on the secretary's website.
• Requires a performing rights society to publish a catalog of musical works the society licenses. A link to the catalog must be filed with the secretary of state, who publishes the link.

Section 5 authorizes the secretary of state to collect filing fees for the filings required by the bill.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)