44-6905. Contract requirements
A. Every contract that is between a proprietor and a performing rights society for
the payment of royalties and that is executed, issued or renewed in this state shall:
1. Be in writing.
2. Be signed by both parties to the contract.
3. Include at least 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 and business address of the performing rights society.
(c) The duration of the contract.
(d) The schedule of rates and terms of royalties to be collected under the
contract, including any sliding scale, discount or schedule for any increase or decrease
of those rates for the duration of the contract.
B. The term of the contract shall not be longer than one year, unless the contract
is under the terms of an agreement negotiated between a performing rights society and a
bona fide national trade association or unless both parties otherwise agree. A multiyear
contract, other than a contract under the terms of an agreement negotiated between a
performing rights society and a bona fide national trade association, shall provide that
at the end of each contract year the contract is automatically renewed on the same terms
and conditions unless at least thirty days before the end of the contract year either
party to the contract provides the other party with written notice of the party's desire
to terminate the contract or to change the terms and conditions of the contract.
C. The contract shall provide that all billing statements, invoices or other
requests for payment shall Include an itemization that shows the charge for each licensed
activity and the manner in which the charge is assessed.
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