SECTIONS 21750-21758 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 21750-21758

21750. For purposes of this chapter, the following definitions
apply:
(a) "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 Title 17 of the
United States Code, P. L. 94-553 (17 U.S.C. Sec. 101 et seq.).
"Copyright owner" does not include the owner of a copyright in a
motion picture or audiovisual work, or in part of a motion picture or
audiovisual work.
(b) "Performing rights society" means an association or
corporation that licenses the public performance of nondramatic
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.
(c) "Proprietor" means the owner of a retail establishment,
restaurant, inn, bar, tavern, or any other similar place of business
or professional office located in this state in which the public may
assemble and in which nondramatic musical works may be performed,
broadcast, or otherwise transmitted for the enjoyment of the
assembled members of the public.
(d) "Royalty" or "royalties" means the fees payable to a copyright
owner or performing rights society for the public performance of a
nondramatic musical work.

21751. No copyright owner or performing rights society may enter
into, or offer to enter into, a contract for the payment of royalties
by a proprietor unless at least 72 hours prior to the execution of
that contract, it provides to the proprietor, in writing, the
following:
(a) A schedule of the rates and terms of royalties under the
contract.
(b) Notice that the proprietor is entitled to the information
contained in subdivision (a) and Section 21751.5.

21751.5. A performing rights society shall make available
electronically to proprietors the most current available list of the
members and affiliates represented by the performing rights society
and the most current available list of no less than the performed
works that the society licenses. A performing rights society may make
additional information available to a proprietor at a reasonable
cost.

21752. A contract for the payment of royalties executed in this
state shall:
(a) Be in writing.
(b) Be signed by the parties.
(c) Include at least the following information:
(1) The proprietor's name and business address.
(2) The name and location of each place of business to which the
contract applies.
(3) The duration of the contract.
(4) The schedule of rates and terms of the royalties to be
collected under the contract, including any sliding scale or schedule
for any increase or decrease of those rates for the duration of that
contract.

21753. (a) No representative or agent of a performing rights
society may do any of the following:
(1) Discuss with the proprietor or the proprietor's employee, a
contract for payment of royalties by a proprietor or the use of
copyrighted works by the proprietor, without first identifying
himself or herself to the proprietor or the proprietor's employees.
(2) Engage in any coercive conduct, act, or practice that is
substantially disruptive of a proprietor's business, or use or
attempt to use a fraudulent act, as defined in Section 1572 of the
Civil Code.
(3) Fail to comply with Section 21751, 21751.5, or 21752.
(b) This chapter does not prohibit a copyright owner or performing
rights society from conducting investigations to determine the
existence of music use by a proprietor or informing a proprietor of
the proprietor's obligation under Title 17 of the United States Code.

21754. A person who wilfully violates any of the provisions of this
act is liable for a civil penalty of five thousand dollars ($5,000)
per violation.

21755. A proprietor may bring an action or assert a counterclaim
against a copyright owner or performing rights society to enjoin any
violation of this chapter and to recover any damages sustained by the
proprietor as a result of a violation of this chapter. If
successful, the proprietor is entitled to recover treble damages,
together with filing fees and reasonable costs of suit, in addition
to any other legal or equitable relief.
If a proprietor prevails in a cause of action alleging a willful
violation of paragraph (2) of subdivision (a) of Section 21753, the
prevailing proprietor shall be awarded reasonable attorney's fees.

21756. The rights, remedies, and prohibitions accorded by this
chapter are in addition to any other right, remedy, or prohibition
accorded by law. Nothing in this chapter shall be construed to deny,
abrogate, or impair any right, remedy, or prohibition.

21757. This chapter does not apply to contracts between copyright
owners or performing rights societies and broadcasters licensed by
the Federal Communications Commission. However, if a copyright owner
or performing rights society is licensed by the Federal
Communications Commission, this chapter applies to contracts between
that copyright owner or performing rights society and a proprietor.

21758. This chapter does not apply to conduct engaged in while
enforcing Section 653w of the Penal Code.