59.1-461 - Notice and schedule to be provided. - Virginia Statutes

§ 59.1-461. Notice and schedule to be provided.

No performing rights society shall enter into, or offer to enter into, acontract for the payment of royalties by a proprietor unless at the time ofthe offer, or any time thereafter, but no later than seventy-two hours priorto the execution of that contract, it provides to the proprietor, in writing,notice that such performing rights society:

1. Has filed for public inspection, within the previous twelve months, withthe State Corporation Commission (i) a certified copy of each form ofperforming rights contract or license agreement providing for the payment ofroyalties made available from such performing rights society to any Virginiaproprietor; (ii) the most current available list of such performing rightssociety's members or affiliates; and (iii) the most current available listingof the copyrighted musical works in such performing rights society'srepertory;

2. Will make available, upon request, to any proprietor, by electronic meansor otherwise, information as to whether specific copyrighted musical worksare in its repertory;

3. Will make available, upon written request of any proprietor, any of theinformation referred to in subdivision 1 of this section, at the sole expenseof the proprietor, provided that such notice shall specify the means by whichsuch information can be secured; and

4. Complies with federal law and orders of courts having appropriatejurisdiction regarding the rates and terms of royalties and the circumstancesunder which licenses for rights of public performance are offered to anyproprietor.

(1995, c. 648.)