Chapter 11Copyrighted Performances of Musical Works

Section § 21750

Explanation

This section defines key terms for understanding the chapter, focusing on the roles and rights of copyright owners and those involved in public performances of music. A 'copyright owner' is someone who holds the copyright of a musical work, excluding movies. A 'performing rights society' licenses music performance rights and includes groups like ASCAP. A 'proprietor' owns a location where music might be played publicly, such as a bar or restaurant. 'Royalties' are fees paid to these copyright holders or societies for music performances.

For purposes of this chapter, the following definitions apply:
(a)CA Business and Professions Code § 21750(a) “Copyright owner” means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, P. L. 94-553 (17 U.S.C. Sec. 101 et seq.). “Copyright owner” does not include the owner of a copyright in a motion picture or audiovisual work, or in part of a motion picture or audiovisual work.
(b)CA Business and Professions Code § 21750(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 SESAC, Inc.
(c)CA Business and Professions Code § 21750(c) “Proprietor” means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business or professional office located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the assembled members of the public.
(d)CA Business and Professions Code § 21750(d) “Royalty” or “royalties” means the fees payable to a copyright owner or performing rights society for the public performance of a nondramatic musical work.
copyright owner nondramatic musical works performing rights society ASCAP BMI SESAC proprietor public performance royalties music licensing retail establishment broadcast music transmission fees payable Title 17 U.S.C.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21751

Explanation

This law requires that before a copyright owner or a music rights organization (performing rights society) can finalize a contract with a business owner for royalty payments, they must provide written notice at least 72 hours in advance. This notice must include a schedule of royalty rates and terms, and inform the business owner that they are entitled to this rate information and additional details outlined in another related section.

No copyright owner or performing rights society may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at least 72 hours prior to the execution of that contract, it provides to the proprietor, in writing, the following:
(a)CA Business and Professions Code § 21751(a) A schedule of the rates and terms of royalties under the contract.
(b)CA Business and Professions Code § 21751(b) Notice that the proprietor is entitled to the information contained in subdivision (a) and Section 21751.5.
copyright owner performing rights society contract for royalties royalty payment proprietor rights schedule of rates terms of royalties written notice requirement 72-hour advance notice Section 21751.5 music rights contractual terms business owner royalty agreement rate information
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21751.5

Explanation

This law says that organizations managing music rights must provide business owners with electronic access to up-to-date lists of their represented artists and the songs they license. If a business wants more information, the organization can offer it, but may charge a reasonable fee.

A performing rights society shall make available electronically to proprietors the most current available list of the members and affiliates represented by the performing rights society and the most current available list of no less than the performed works that the society licenses. A performing rights society may make additional information available to a proprietor at a reasonable cost.
performing rights society music licensing electronic access proprietors affiliates performed works cost for additional information artists list song list reasonable fee
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21752

Explanation

This law states that if you're entering into a contract in California to pay royalties, the contract must be in writing and signed by everyone involved. It also needs to include specific details like the name and address of the business owner, where the contract will be used, how long it's for, and the royalty rates, including any changes to those rates over time.

A contract for the payment of royalties executed in this state shall:
(a)CA Business and Professions Code § 21752(a) Be in writing.
(b)CA Business and Professions Code § 21752(b) Be signed by the parties.
(c)CA Business and Professions Code § 21752(c) Include at least the following information:
(1)CA Business and Professions Code § 21752(c)(1) The proprietor’s name and business address.
(2)CA Business and Professions Code § 21752(c)(2) The name and location of each place of business to which the contract applies.
(3)CA Business and Professions Code § 21752(c)(3) The duration of the contract.
(4)CA Business and Professions Code § 21752(c)(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.
royalty contract writing requirement contract signature proprietor information business address contract duration royalty schedule sliding scale rate changes payment terms contract details business location California royalties signed agreement
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21753

Explanation

This law section sets rules for representatives of performing rights societies. They must identify themselves when discussing royalties or use of copyrighted works with a business owner and cannot use coercive or fraudulent practices. They must also comply with specific sections related to this chapter. However, copyright owners and societies can still investigate music use in businesses and inform business owners of their legal obligations concerning music copyright.

(a)CA Business and Professions Code § 21753(a) No representative or agent of a performing rights society may do any of the following:
(1)CA Business and Professions Code § 21753(a)(1) Discuss with the proprietor or the proprietor’s employee, a contract for payment of royalties by a proprietor or the use of copyrighted works by the proprietor, without first identifying himself or herself to the proprietor or the proprietor’s employees.
(2)CA Business and Professions Code § 21753(a)(2) Engage in any coercive conduct, act, or practice that is substantially disruptive of a proprietor’s business, or use or attempt to use a fraudulent act, as defined in Section 1572 of the Civil Code.
(3)CA Business and Professions Code § 21753(a)(3) Fail to comply with Section 21751, 21751.5, or 21752.
(b)CA Business and Professions Code § 21753(b) This chapter does not prohibit a copyright owner or performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor’s obligation under Title 17 of the United States Code.
performing rights society royalties payment copyrighted works business owner identification coercive conduct fraudulent practices music use investigation proprietor obligations Title 17 obligations representative rules agent compliance Section 1572 Civil Code disruptive business practices
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21754

Explanation
If someone intentionally breaks the rules of this law, they have to pay a civil fine of $5,000 for each time they do it.
A person who wilfully violates any of the provisions of this act is liable for a civil penalty of five thousand dollars ($5,000) per violation.
civil penalty wilfully violates fine intentional breach liability per violation five thousand dollars penalty amount compliance enforcement financial consequence act violation rule breaking monetary penalty
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21755

Explanation

If a business owner feels they have been wronged by a copyright owner or a performing rights society under this chapter, they can sue or counter-sue to stop the wrongdoing and get compensated for any harm caused. If they win, they can claim triple the damages, plus costs for filing and going to court, along with any other remedies. Additionally, if the business owner wins a case where the violation was done willfully according to a specific part of the law, they can also get their attorney’s fees covered.

A proprietor may bring an action or assert a counterclaim against a copyright owner or performing rights society to enjoin any violation of this chapter and to recover any damages sustained by the proprietor as a result of a violation of this chapter. If successful, the proprietor is entitled to recover treble damages, together with filing fees and reasonable costs of suit, in addition to any other legal or equitable relief.
If a proprietor prevails in a cause of action alleging a willful violation of paragraph (2) of subdivision (a) of Section 21753, the prevailing proprietor shall be awarded reasonable attorney’s fees.
proprietor copyright owner performing rights society enjoin violation recover damages treble damages legal relief equitable relief willful violation attorney's fees prevailing proprietor counterclaim section 21753 filing fees reasonable costs
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21756

Explanation

This section emphasizes that the protections and options provided by this chapter add to, and do not replace or limit, any other legal protections or options you may have. It ensures that nothing here takes away or weakens any existing legal rights.

The rights, remedies, and prohibitions accorded by this chapter are in addition to any other right, remedy, or prohibition accorded by law. Nothing in this chapter shall be construed to deny, abrogate, or impair any right, remedy, or prohibition.
additional protections existing rights legal protections remedies prohibitions supplementary rights not limiting ensure legal coverage abrogate impairment of rights
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21757

Explanation

This law explains that certain rules don't apply to contracts between music copyright holders or organizations that manage music rights and radio or TV stations with FCC licenses. But if the music copyright owner or rights organization is itself licensed by the FCC, the rules do apply to their contracts with business owners.

This chapter does not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission. However, if a copyright owner or performing rights society is licensed by the Federal Communications Commission, this chapter applies to contracts between that copyright owner or performing rights society and a proprietor.
copyright owners performing rights societies broadcasters Federal Communications Commission FCC license contracts music rights radio stations TV stations proprietor contracts music copyright broadcasting licensing copyright holders performing rights organizations
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)

Section § 21758

Explanation

This law states that the rules in this chapter don't apply when someone is taking action to enforce a specific penal code, which is Section 653w. This section is about making sure the penal code rules are followed.

This chapter does not apply to conduct engaged in while enforcing Section 653w of the Penal Code.
conduct enforcement Section 653w Penal Code exemption from chapter particular conduct enforcement actions penal code compliance law enforcement exception specific provision regulatory exclusion
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)