436.159. Prohibited acts by performing rights society, exception--violations--penalties. - Missouri Statutes

Prohibited acts by performing rights society,exception--violations--penalties.

436.159. 1. No performing rights society, or any agent or employeethereof shall:

(1) Enter onto the premises of a proprietor's business for thepurpose of discussing a contract for payment of royalties for the use ofcopyrighted works by that proprietor without first identifying himself tothe proprietor or his employees and disclose that the agent is acting onbehalf of the performing rights society and disclosing the purpose of thediscussion;

(2) Collect or attempt to collect a royalty payment or any other feeexcept as provided in a contract executed pursuant to the provisions ofsections 436.150 to 436.163;

(3) Use or attempt to use any act or practice in negotiating with aproprietor, or in retaliation for a proprietor's failure or refusal tonegotiate, with respect to a contract for the payment of royalties,including, but not limited to:

(a) Engaging in any coercive conduct, act or practice that isdisruptive of a proprietor's business or threatening to commence legalproceedings in connection with an alleged copyright violation with theintent of coercing the proprietor to negotiate or enter into a contract forthe payment of royalties;

(b) However, nothing in sections 436.150 to 436.163 shall beconstrued to prevent the performing rights society from informing theproprietor of the proprietor's obligations under the federal copyright law,Title 17 of the United States Code;

(c) Charging or collecting a royalty which is unreasonable incomparison to the royalties for similar licenses;

(4) Levy and collect any license fee, royalty, or other charge fromany person or entity which conducts a nonprofit musical festival orperformance, unless prior to the festival or performance such performingrights society, upon the request of the person or entity conducting suchfestival or performance, submits to the person or entity conducting suchfestival or performance a list of copyrighted vocal and instrumentalmusical compositions which may not be performed or otherwise copied unlessthe license fee, royalty, or charge is paid. The person or entityconducting the festival or performance shall submit such a request to anylocal agency or representative of the performing rights society.

2. A person who violates any of the provisions of sections 436.150 to436.163 shall be guilty of a class C misdemeanor.

(L. 1995 S.B. 355 § 1 subsecs. 5, 6)