Relating to the practices of performing rights societies

This bill relates to the practices of performing rights societies. Current law prohibits a performing rights society from entering onto the business premises of a proprietor for the purpose of discussing a contract for the payment of royalties unless the performing rights society identifies itself to the proprietor and describes to the proprietor the purpose for entering onto the business premises. The bill modifies this prohibition by requiring that the performing rights society use its best efforts to make an appointment to meet with the proprietor at the business premises during normal business hours, or at another location described in the bill, before the performing rights society may enter onto the business premises for the purpose of discussing a contract for the payment of royalties for the public performance of copyrighted musical works. The bill also requires the performing rights society, upon entering the business premises, to clearly identify itself to the proprietor and describe to the proprietor the purpose for entering onto the premises. The bill prohibits a performing rights society from making 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. The bill also prohibits a performing rights society from stating or implying in a communication with a proprietor that the performing rights society is an agent or representative of a public body, regulatory agency, or law enforcement agency. Current law provides that a person who suffers a violation of Code chapter 549 may bring an action to recover actual damages and reasonable attorney fees. Current law also allows a person to seek injunctive relief for a violation of Code chapter 549. The remedies provided in Code chapter 549 are cumulative of any other remedy afforded by common law, state law, or federal law.