Michigan Laws 445.2104 – Performing rights society; contract for payment of royalties; conditions
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A performing rights society shall not 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 at least 72 hours before the execution of the contract, it provides all of the following to the proprietor in writing:
(a) A schedule of the rates and terms of royalties under the contract including, but not limited to, any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible and any schedule increases or decreases in fees during the term of the contract.
Terms Used In Michigan Laws 445.2104
- Contract: A legal written agreement that becomes binding when signed.
- Copyright laws: means those laws specified pursuant to title 17 of the United States Code, 17 U. See Michigan Laws 445.2102
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Performing rights society: means an association, corporation, or other entity that licenses the nondramatic public performance, broadcast, or transmittal of musical works on behalf of copyright owners including, but not limited to, the American society of composers, authors, and publishers; broadcast music, inc. See Michigan Laws 445.2102
- Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not-for-profit organization, or any other place of business or professional office located in this state in which the public may assemble and in which musical works are publicly and nondramatically performed, broadcast, or transmitted for the enjoyment of the members of the public assembled in that place. See Michigan Laws 445.2102
- Royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance, broadcast, or transmittal of musical works. See Michigan Laws 445.2102
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) Notice that the performing rights society shall, upon request of a proprietor and before entering into a contract with that proprietor, provide a schedule of the rates and terms of royalties under contracts executed by the performing rights society and proprietors of comparable businesses in the state within the past 12 months.
(c) Notice of the provisions required under section 3 including the electronic address and toll-free telephone number.
(d) Notice of the fact that there are exemptions that may exclude that proprietor from liability under the copyright laws.
(e) Upon request of the proprietor, the opportunity to review in electronic form the most current available list of the members or affiliates represented by the performing rights society.
(f) Notice that the proprietor is entitled to the information required under this act and that failure of the performing rights society to provide that information is a violation of this act.