Amendment H-8090 to HF 2527
Relating to the exhibition of music, including the practices of performing rights societies and the advertising, promoting, and conducting of certain live musical performances, and making penalties applicable
Adopted · March 11, 2020
Filed March 5, 2020 in the House by
What it changes
AI summary This amendment adds a rule that performing rights societies must make an appointment before visiting a business to discuss royalty contracts. It also changes the rules for collecting royalties and how much money a person can recover in a lawsuit for violations.1
Read the amendment’s wording
- Page 1, before line 1 by inserting: “Section
- Section 549.3, subsection 1, Code 2020, is amended to read as follows:
- A performing rights society shall not enter onto the business premises of a proprietor for the purpose of discussing a contract for the payment of royalties by the proprietor , unless the performing rights society identifies itself to the proprietor and describes to the proprietor the purpose for entering onto the proprietor’s business premises the performing rights society first makes an appointment to meet with the proprietor at the business premises during normal business hours . Upon entering onto the business premises, the performing rights society shall clearly identify itself to the proprietor and describe to the proprietor the purpose for entering onto the business premises. Sec. ___. Section 549.5, Code 2020, is amended to read as follows: 549.5 Improper licensing practices. A performing rights society shall not do any of the following:
- A performing rights society shall not collect, Collect or attempt to collect , from a proprietor licensed by that performing rights society, a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter .
- Make a misleading or threatening verbal or written communication to a proprietor in connection with a contract for the payment of royalties or an attempt to collect royalties.
- State or imply in a verbal or written communication with a proprietor that the performing rights society is an agent or representative of a public body, regulatory agency, or law enforcement agency. Sec. ___. Section 549.7, Code 2020, is amended to read as follows: 549.7 Remedies —— injunction. A person who suffers a violation of this chapter may bring an action to recover reasonable attorney fees and the greater of two thousand five hundred dollars or actual damages and reasonable attorney fees and to seek an injunction or any other available remedy . A person who suffers a violation of this chapter may also seek an injunction or any other available remedy.”
- Title page, by striking lines 1 through 3 and inserting “An Act relating to the exhibition of music, including the practices of performing rights societies and the advertising, promoting, and conducting of certain live musical performances, and making penalties applicable.”
- By renumbering, redesignating, and correcting internal references as necessary.