Section § 2500

Explanation

This law defines two important terms in the context of music production royalty contracts. A "royalty recipient" is someone who created or helped create a sound recording and is entitled to royalties from it. The "royalty reporting party" is the person or company responsible for paying those royalties to the creator as outlined in their contract.

As used in this title:
(a)CA Civil Law Code § 2500(a) “Royalty recipient” means a party to a contract for the furnishing of services in the production of sound recordings, as defined in Section 101 of Title 17 of the United States Code, who has the right to receive royalties under that contract.
(b)CA Civil Law Code § 2500(b) A “royalty reporting party” is the party obligated to pay royalties to the royalty recipient under the contract described in subdivision (a).

Section § 2501

Explanation

This section allows someone who receives royalties (money from something, like a book or song) to check if they're getting paid the right amount. They can do this by hiring an auditor to look at the records once a year, and they have three years to request the audit for any given period. They can't audit the same period more than once. The auditor they choose can work for other royalty recipients at the same time and can agree to be paid based on what they find. Any confidential information the auditor learns must be kept private unless the royalty recipient permits sharing. This section adds to any other rights they might already have according to their contract or other laws, and it doesn't change any time limits or other rights under collective bargaining agreements or other laws.

Notwithstanding any provision of a contract described in Section 2500:
(a)CA Civil Law Code § 2501(a) A royalty recipient may audit the books and records of the royalty reporting party to determine if the royalty recipient earned all of the royalties due the royalty recipient pursuant to the contract, subject to the following:
(1)CA Civil Law Code § 2501(a)(1) A royalty recipient may conduct an audit not more than once per year.
(2)CA Civil Law Code § 2501(a)(2) A royalty recipient shall request an audit within three years after the end of a royalty earnings period under the contract.
(3)CA Civil Law Code § 2501(a)(3) A royalty recipient may not audit a particular royalty earnings period more than once.
(b)CA Civil Law Code § 2501(b) The royalty recipient shall retain a qualified royalty auditor of the royalty recipient’s choice to conduct an audit described in this section.
(c)CA Civil Law Code § 2501(c) The royalty recipient may enter into a contingency fee agreement with the auditor described in subdivision (b).
(d)CA Civil Law Code § 2501(d) A qualified royalty auditor may conduct individual audits of the books and records of a royalty reporting party on behalf of different royalty recipients simultaneously.
(e)CA Civil Law Code § 2501(e) Except as required by law, a qualified royalty auditor shall not disclose any confidential information obtained solely during an audit without the express consent of the party or parties to whom that information is confidential. This subdivision shall not prohibit the auditor from disclosing to the royalty recipient, or an agent of the recipient, on behalf of whom the auditor is conducting the audit information directly pertaining to that royalty recipient’s contract, as described in Section 2500.
(f)CA Civil Law Code § 2501(f) The provisions of subdivisions (a), (b), (c), (d), and (e) are in addition to any other rights provided by a contract, as described in Section 2500, between a royalty recipient and a royalty reporting party.
(g)CA Civil Law Code § 2501(g) Nothing in subdivision (a), (b), (c), (d), or (e) shall be deemed to extend any limitations period applicable to royalty accounting or payments not specifically addressed in this section.
(h)CA Civil Law Code § 2501(h) Nothing in subdivision (a), (b), (c), (d), or (e) shall be deemed to limit any rights provided by collective bargaining agreement or by applicable state or federal law.