No performing rights society or organization may 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 the contract, it provides to the proprietor, in writing, a schedule of the rates and terms of royalties under the contract, including:

(1)  any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible; and

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Terms Used In Utah Code 13-10a-4

  • Contract: A legal written agreement that becomes binding when signed.
  • Performing rights society or organization: means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. See Utah Code 13-10a-2
  • 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:
(a) the public may assemble; and
(b) musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. See Utah Code 13-10a-2
  • royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works. See Utah Code 13-10a-2
  • Writing: includes :Utah Code 68-3-12.5
    • (2)  any scheduled increases or decreases in fees during the term of the contract.

    Enacted by Chapter 324, 1998 General Session

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