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1995 SESSION

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SB 858 Music Licensing Fees Act.

Introduced by: Joseph B. Benedetti | all patrons    ...    notes | add to my profiles

SUMMARY:

Trade and Commerce; Virginia Music Licensing Fees Act. Establishes procedures to be followed whenever copyright owners and performing rights societies (e.g., ASCAP) seek to negotiate royalty contracts with business proprietors for public performance of music and similar copyrighted works. The Act requires copyright owners and performing rights societies to furnish, 72 hours prior to any royalty contract's execution, notice to proprietors that such owners or societies have placed on file with the State Corporation Commission information related to (i) forms of licensing agreements used in Virginia, (ii) society membership lists, and (iii) lists of works in the societies' musical repertory. Additionally, copyright owners and performing rights societies are prohibited from engaging in certain conduct within the proprietors' business establishments, including attempting to charge or collect a royalty payment that is unreasonable in comparison to royalties for similar licenses in the same area. Excluded from the Act's provisions are 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 services. Also excluded are musical works performed in synchronization with an audiovisual film or tape.


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