State Codes and Statutes
Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2102-collection-of-royalties-on-nondramatic-musical-works
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE C. ARTS AND MUSIC
CHAPTER 2102. COLLECTION OF ROYALTIES ON NONDRAMATIC MUSICAL
WORKS
Sec. 2102.001. DEFINITIONS. In this chapter:
(1) "Copyright owner" means the owner of a copyright of a
nondramatic musical work recognized and enforceable under federal
copyright laws (17 U.S.C. Section 101 et seq.).
(2) "Performing rights society" means an association or
corporation that licenses the public performance of nondramatic
musical works for copyright owners, including the American
Society of Composers, Authors and Publishers (ASCAP), Broadcast
Music, Inc. (BMI), and SESAC, Inc. (SESAC).
(3) "Proprietor" means the owner or operator of a retail
establishment in this state where the public may assemble and
where nondramatic musical works may be performed, broadcast, or
otherwise transmitted, including a restaurant, inn, bar, tavern,
or other similar place of business.
(4) "Royalty" means a fee payable to a performing rights society
for public performance rights.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.002. APPLICATION OF CHAPTER. This chapter does not
apply to:
(1) a contract:
(A) between a performing rights society and a broadcaster
licensed by the Federal Communications Commission; or
(B) with a cable operator, programmer, or other transmission
service;
(2) conduct engaged in for the enforcement of Section 641.054
and, to the extent applicable, Section 641.056, Business &
Commerce Code; or
(3) the owner of a copyright of a motion picture or an
audiovisual work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.30, eff. April 1, 2009.
Sec. 2102.003. REQUIRED DISCLOSURES. A performing rights
society may not contract or offer to contract for the payment of
royalties by a proprietor unless, at the time of the offer or any
subsequent time, but not later than 72 hours before the execution
of the contract, the performing rights society provides the
proprietor, in writing, the following:
(1) rates and terms of royalties to be collected under the
contract;
(2) at the proprietor's request, the opportunity to review the
most current available list of the members or affiliates
represented by the society;
(3) notice that the society will make available, on the
proprietor's written request and at the proprietor's sole
expense, the most current available list of the copyrighted
musical works in the performing rights society's repertory; and
(4) notice that the society will identify the method for
securing the list.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.004. REQUIRED CONTRACT TERMS. A contract between a
performing rights society and a proprietor for the payment of
royalties executed in this state must:
(1) be in writing;
(2) be signed by the parties; and
(3) include the following information:
(A) the proprietor's name and business address;
(B) the name and location of each place of business to which the
contract applies;
(C) the name and address of the performing rights society;
(D) the duration of the contract; and
(E) the rates and terms of 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 the
contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.005. IMPROPER COLLECTIONS PRACTICES. A performing
rights society or the society's agent or employee may not collect
or attempt to collect from a proprietor licensed by that society
a royalty payment except as provided by a contract executed under
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.006. ENFORCEMENT. A person aggrieved by a violation
of this chapter may:
(1) bring an action to recover actual damages and reasonable
attorney's fees; and
(2) seek an injunction or other remedy available at law or in
equity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2102-collection-of-royalties-on-nondramatic-musical-works
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE C. ARTS AND MUSIC
CHAPTER 2102. COLLECTION OF ROYALTIES ON NONDRAMATIC MUSICAL
WORKS
Sec. 2102.001. DEFINITIONS. In this chapter:
(1) "Copyright owner" means the owner of a copyright of a
nondramatic musical work recognized and enforceable under federal
copyright laws (17 U.S.C. Section 101 et seq.).
(2) "Performing rights society" means an association or
corporation that licenses the public performance of nondramatic
musical works for copyright owners, including the American
Society of Composers, Authors and Publishers (ASCAP), Broadcast
Music, Inc. (BMI), and SESAC, Inc. (SESAC).
(3) "Proprietor" means the owner or operator of a retail
establishment in this state where the public may assemble and
where nondramatic musical works may be performed, broadcast, or
otherwise transmitted, including a restaurant, inn, bar, tavern,
or other similar place of business.
(4) "Royalty" means a fee payable to a performing rights society
for public performance rights.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.002. APPLICATION OF CHAPTER. This chapter does not
apply to:
(1) a contract:
(A) between a performing rights society and a broadcaster
licensed by the Federal Communications Commission; or
(B) with a cable operator, programmer, or other transmission
service;
(2) conduct engaged in for the enforcement of Section 641.054
and, to the extent applicable, Section 641.056, Business &
Commerce Code; or
(3) the owner of a copyright of a motion picture or an
audiovisual work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.30, eff. April 1, 2009.
Sec. 2102.003. REQUIRED DISCLOSURES. A performing rights
society may not contract or offer to contract for the payment of
royalties by a proprietor unless, at the time of the offer or any
subsequent time, but not later than 72 hours before the execution
of the contract, the performing rights society provides the
proprietor, in writing, the following:
(1) rates and terms of royalties to be collected under the
contract;
(2) at the proprietor's request, the opportunity to review the
most current available list of the members or affiliates
represented by the society;
(3) notice that the society will make available, on the
proprietor's written request and at the proprietor's sole
expense, the most current available list of the copyrighted
musical works in the performing rights society's repertory; and
(4) notice that the society will identify the method for
securing the list.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.004. REQUIRED CONTRACT TERMS. A contract between a
performing rights society and a proprietor for the payment of
royalties executed in this state must:
(1) be in writing;
(2) be signed by the parties; and
(3) include the following information:
(A) the proprietor's name and business address;
(B) the name and location of each place of business to which the
contract applies;
(C) the name and address of the performing rights society;
(D) the duration of the contract; and
(E) the rates and terms of 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 the
contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.005. IMPROPER COLLECTIONS PRACTICES. A performing
rights society or the society's agent or employee may not collect
or attempt to collect from a proprietor licensed by that society
a royalty payment except as provided by a contract executed under
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.006. ENFORCEMENT. A person aggrieved by a violation
of this chapter may:
(1) bring an action to recover actual damages and reasonable
attorney's fees; and
(2) seek an injunction or other remedy available at law or in
equity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes >
Texas >
Occupations-code >
Title-13-sports-amusements-and-entertainment >
Chapter-2102-collection-of-royalties-on-nondramatic-musical-works OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE C. ARTS AND MUSIC
CHAPTER 2102. COLLECTION OF ROYALTIES ON NONDRAMATIC MUSICAL
WORKS
Sec. 2102.001. DEFINITIONS. In this chapter:
(1) "Copyright owner" means the owner of a copyright of a
nondramatic musical work recognized and enforceable under federal
copyright laws (17 U.S.C. Section 101 et seq.).
(2) "Performing rights society" means an association or
corporation that licenses the public performance of nondramatic
musical works for copyright owners, including the American
Society of Composers, Authors and Publishers (ASCAP), Broadcast
Music, Inc. (BMI), and SESAC, Inc. (SESAC).
(3) "Proprietor" means the owner or operator of a retail
establishment in this state where the public may assemble and
where nondramatic musical works may be performed, broadcast, or
otherwise transmitted, including a restaurant, inn, bar, tavern,
or other similar place of business.
(4) "Royalty" means a fee payable to a performing rights society
for public performance rights.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.002. APPLICATION OF CHAPTER. This chapter does not
apply to:
(1) a contract:
(A) between a performing rights society and a broadcaster
licensed by the Federal Communications Commission; or
(B) with a cable operator, programmer, or other transmission
service;
(2) conduct engaged in for the enforcement of Section 641.054
and, to the extent applicable, Section 641.056, Business &
Commerce Code; or
(3) the owner of a copyright of a motion picture or an
audiovisual work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.30, eff. April 1, 2009.
Sec. 2102.003. REQUIRED DISCLOSURES. A performing rights
society may not contract or offer to contract for the payment of
royalties by a proprietor unless, at the time of the offer or any
subsequent time, but not later than 72 hours before the execution
of the contract, the performing rights society provides the
proprietor, in writing, the following:
(1) rates and terms of royalties to be collected under the
contract;
(2) at the proprietor's request, the opportunity to review the
most current available list of the members or affiliates
represented by the society;
(3) notice that the society will make available, on the
proprietor's written request and at the proprietor's sole
expense, the most current available list of the copyrighted
musical works in the performing rights society's repertory; and
(4) notice that the society will identify the method for
securing the list.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.004. REQUIRED CONTRACT TERMS. A contract between a
performing rights society and a proprietor for the payment of
royalties executed in this state must:
(1) be in writing;
(2) be signed by the parties; and
(3) include the following information:
(A) the proprietor's name and business address;
(B) the name and location of each place of business to which the
contract applies;
(C) the name and address of the performing rights society;
(D) the duration of the contract; and
(E) the rates and terms of 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 the
contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.005. IMPROPER COLLECTIONS PRACTICES. A performing
rights society or the society's agent or employee may not collect
or attempt to collect from a proprietor licensed by that society
a royalty payment except as provided by a contract executed under
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2102.006. ENFORCEMENT. A person aggrieved by a violation
of this chapter may:
(1) bring an action to recover actual damages and reasonable
attorney's fees; and
(2) seek an injunction or other remedy available at law or in
equity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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