Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued or renewed in the state on or after July 1, 1996 shall be:
(1)  In writing;

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Terms Used In Idaho Code 48-1304

  • Contract: A legal written agreement that becomes binding when signed.
  • Performing rights society: means an association or corporation that licenses the public performances of nondramatic musical works on behalf of copyright owners, such as the American society of composers, authors and publishers (ASCAP), broadcast music, inc. See Idaho Code 48-1302
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the state in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast or otherwise transmitted for the enjoyment of members of the public there assembled. See Idaho Code 48-1302
  • royalties: means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works. See Idaho Code 48-1302
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(2)  Signed by the parties;
(3)  Written to include, at a minimum, the following information:
(a)  The proprietor’s name and business address and the name and location of each place of business to which the contract applies;
(b)  The name of the performing rights society;
(c)  The duration of the contract; and
(d)  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 the rates for the duration of the contract.