Chapter 102

An Act relating to contracts for the payment of royalties; prohibiting and prescribing
penalties for certain acts.

Be it enacted by the Legislature of the State of Kansas:

Section 1. As used in this section:

(a) ``Copyright owner'' means the owner of a copyright of a nondra- matic musical work, other than a motion picture or other audio visual work, recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code.

(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 SE- SAC, inc.

(c) ``Proprietor'' means the owner of a retail establishment, restau- rant, hotel, bar, tavern, sports or entertainment facility; a not-for-profit organization; or any other similar place of business or professional office located in this state in which the public may assemble and in which non- dramatic musical works may be performed, broadcast or otherwise trans- mitted.

(d) ``Royalty'' or ``royalties'' means the license fees payable by a pro- prietor to a performing rights society for the public performance of non- dramatic musical works.

Sec. 2. No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than 72 hours prior to the execution of that contract, the society provides to the proprietor, in writing, the following:

(a) A schedule of the rates and terms of royalties under the contract;

(b) upon request of the proprietor, the opportunity to review the most currently available list of the members or affiliates represented by the performing rights society; and

(c) notice that it will make available, upon request of any proprietor, at the sole expense of the proprietor, the most currently available list of the copyrighted musical works in the performing rights society's reper- tory, provided the notice shall include a toll-free telephone number and shall specify the means by which such information may be secured.

Sec. 3. Every contract for the payment of royalties between a pro- prietor and a performing rights society executed in this state shall:

(a) Be in writing;

(b) be signed by the parties; and

(c) include at least the following information:

(1) The proprietor's name and business address and the name and the location of each place of business to which the contract applies;

(2) the name and address of the performing rights society;

(3) the duration of the contract; and

(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.

Sec. 4. (a) No agent or employee of a performing rights society shall:

(1) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor without first identifying the agent or employee to the proprietor or the proprietor's employees; or

(2) collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of this act.

(b) Nothing in this act shall be construed to prohibit a performing rights society from informing the proprietor of the proprietor's obligations under the federal copyright law, title 17 of the United States Code.

Sec. 5. Any person who suffers a violation of this act may bring an action to recover actual damages and reasonable attorney fees, and seek an injunction and any other available remedy.

Sec. 6. The rights, remedies and prohibitions accorded by the pro- visions of this act shall be in addition to and cumulative of any other right, remedy or prohibition accorded by common law, federal law or the stat- utes of this state, and nothing contained in this section shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.

Sec. 7. This act shall not apply to:

(a) Investigations by law enforcement officers or other persons con- cerning a suspected violation of K.S.A. 21-3750 and amendments thereto; or

(b) contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission or contracts with cable operators, programmers or other transmission serv- ices. [j166] 103

Sec. 8. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 3, 1996.