State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter13

CHAPTER 13 - COPYRIGHTED MUSIC

 

ARTICLE 1 - PROTECTION OF COPYRIGHT USERS

 

40-13-101. Short title.

 

This act may be cited as the"Protection of Copyright Users Act".

 

40-13-102. Definitions.

 

 

(a) The following words, terms and phrases, when used in thisact, shall have the meaning ascribed in this section, except where the contextclearly indicates a different meaning:

 

(i) "Blanket license" includes any device or contractwhereby public performance of musical compositions for profit is authorized ofcombined copyrights of two (2) or more owners;

 

(ii) "Blanket royalty or fee" includes any device orcontract whereby prices for performing rights of musical compositions are notbased upon the performance of individual copyrights;

 

(iii) "Composition" includes any and all musical,instrumental or vocal, compositions, which may be transcribed and reproduced bymechanical, electronic, magnetic means or devices, or any method now known orlater developed;

 

(iv) "Copyright" means the exclusive rights andprivileges provided for under the constitution of the United States and federalcopyright laws;

 

(v) "Music licensing agency" means and includes anyperson, corporation or any association, society, partnership, union, or otherorganization of two (2) or more copyright owners or proprietors, which has orclaims the exclusive or nonexclusive authority to issue, grant or to contractfor, performing rights licenses for two (2) or more copyright owners. When two(2) or more copyright owners or proprietors are represented by the same agentor representative, this agent or representative shall be deemed to be a"music licensing agency";

 

(vi) "Performing rights" means "public performancefor profit" of musical compositions;

 

(vii) "Person" means any individual, resident ornonresident of this state, and every domestic or foreign or alien partnership,society, association, corporation, or other organization;

 

(viii) "User" means any person, who, directly orindirectly, performs, or causes to be performed, musical compositions forprofit.

 

40-13-103. Licensing requirements.

 

 

(a) No music licensing agency and no copyright owner who is amember of such music licensing agency or who licenses the performing rights tohis music through a music licensing agency shall license the use of, or in anymanner whatsoever dispose of, in this state, the performing rights in or to anymusical composition which has been copyrighted, and is the subject of a validexisting copyright under the laws of the United States or collect anycompensation on account of any sale, license or other disposition, unless suchmusic licensing agency and each copyright owner shall:

 

(i) File annually with the secretary of state in duplicate acertified copy of each performing rights contract or license agreement madeavailable from such music licensing agency or copyright owner to any userwithin the state;

 

(ii) Issue, upon request, licenses of performing rights of thecompositions in the repertory of the music licensing agency to a radiobroadcasting network, telecasting network or music service, on terms whichauthorize the simultaneous and delayed performance by broadcasting or telecastingor simultaneous performance by music service as the case may be, by some or allof the stations in this state affiliated with such radio or television networkor by some or all subscriber outlets in this state affiliated with any musicservice without requiring a separate license for such station or subscriber forsuch performance.

 

40-13-104. Discrimination prohibited.

 

All groups and persons affected by this actare prohibited from discriminating against the citizens of this state bycharging higher and more inequitable rates for music licenses in this statethan in other states.

 

40-13-105. Licenses and fees; choices.

 

Thelicenses and fees made available pursuant to this article shall provide userswith genuine economic choices between the various licenses and fees providedfor application within the state of Wyoming.

 

40-13-106. Time for filing contracts and licenses; filing fee.

 

Thecontracts and licenses required by this article shall be filed with thesecretary of state. A filing fee of five dollars ($5.00) shall be paid to thesecretary of state at the time of each filing.

 

40-13-107. Blanket license fees.

 

Charges and fees under any blanket licensefor a blanket royalty or fee shall be valid and enforceable only to the extentthat the music licensing agency shall have complied with the provisions of thisact.

 

40-13-108. Doing business defined; amenability to process; service onnonresidents.

 

 

(a) All persons, groups, corporations, associations, foreign ordomestic, subject to this act shall be deemed to be doing business within thisstate and amenable to the process of the courts of the state of Wyoming when:

 

(i) Any such persons, combinations or groups have been issuedlicenses, either from within or from without the state, for the privilege ofusing commercially and publicly any copyrighted work or works pooled in acommon group or entity;

 

(ii) When any of the functions of the entity, organization, poolor combines, have been performed in this state.

 

(b) If such owners of copyrights comply with the provisions ofthis act they shall be granted the privilege of conducting business within thisstate in a legal manner, and may invoke the benefits of the state governmentand its political subdivisions in their behalf, using all of the privilegesavailable to the citizens of this state. Use of such privileges shall be deemedto be an acceptance of the provisions of this act.

 

(c) The acceptance by such persons of the rights and privilegesconferred by the law of this state to any of its citizens shall be deemedequivalent to and construed to be an appointment by such nonresidents of thesecretary of state of the state of Wyoming to be their true and lawful attorneyupon whom may be served all summons and processes growing out of a violation ofthis act. Service of such summons or process shall be made by leaving a copywith a fee of five dollars ($5.00) with the secretary of state of Wyoming, orin his office. Such service shall be sufficient and valid personal service uponany such nonresident defendant, copyright holder or owner, persons ordefendants, combination, entity or organization. Notice of such service and acopy of the summons or process shall be forthwith sent by registered mailrequiring personal delivery, by the prosecutor bringing any action under thischapter, to any defendant at his last known address, and the defendant's returnreceipt and the prosecutor's affidavit of compliance herewith are appended tothe process and entered as a part of the return. The secretary of state shallkeep a record of all such summons and process which shall show the day and timeof service.

 

40-13-109. Injunction.

 

In the event any person, or groups ofpersons, or any combination, refuse to comply with the provisions of this act,then the county attorney for any county or the attorney general upon complaintof any violation, may institute injunction proceedings against the persons inthe district court. The court may enjoin all persons from violating theprovisions of this act and the constitutional provisions prohibiting pricefixing, monopolies and combinations.

 

40-13-110. Right to sue; limitation; damages.

 

Any person in this state who is injured inhis business or property or aggrieved by reason of any violation of this actmay sue therefor within six (6) years of said violation in the district courtin the county in which the violation or any part thereof took place, to recoverany damages sustained as a result of the violation of the terms of this act,and shall be entitled to recover his costs, including reasonable attorney'sfees. The court may in its discretion increase the award of damages to anamount not to exceed three (3) times the actual damages sustained.

 

40-13-111. Existing contracts not affected.

 

No blanket license or contract in existencewith a user in the state of Wyoming at the time of the passage of this actshall be affected by this act.

 

40-13-112. Special appearances deemed general.

 

In the event any person, or any defendantis proceeded against as herein outlined, and is served with process accordingto law, appears in any proceeding by counsel or otherwise, or institutes anyspecial proceeding attacking such proceeding, or makes any motion therein,either special or general, or appears to obtain the judgment of the courtsolely upon the sufficiency of the service of process, or upon any phase orparticularity of the injunction proceedings, such special proceeding orappearance, or motion, or appearance shall be deemed as a general appearance.

 

40-13-113. Penalty for violations.

 

A person or music licensing agency whoviolates this act is guilty of a high misdemeanor and upon conviction ispunishable for each violation by a fine of not to exceed one thousand dollars($1,000.00), or by imprisonment in the state prison for a period of one (1)year, or both.

 

ARTICLE 2 - PROTECTION OF SOUND PRODUCTIONS

 

40-13-201. Definitions.

 

 

(a) As used in W.S. 40-13-201 through 40-13-206:

 

(i) "Owner" means the person who owns the originalfixation of sounds embodied in the master phonograph record, master disc,master tape, master film or other device used for reproducing sounds onphonograph records, discs, tapes, films or other articles upon which sound isrecorded and from which the transferred recorded sounds are directly derived;

 

(ii) "Performer" means any person appearing in aperformance.

 

40-13-202. Prohibited acts.

 

 

(a) No person shall:

 

(i) Knowingly and without the consent of the owner, transfer orcause to be transferred any sounds recorded on a phonograph record, disc, wire,tape, film or other article on which sounds are recorded, with intent to sellor to cause to be sold for profit or used to promote the sale of any product,the article on which the sounds are transferred; or

 

(ii) Knowingly and without the consent of the performer or hisagent, transfer to or cause to be transferred to any phonograph record, disc,wire, tape, film or other article, any performance, whether live before anaudience or transmitted by wire or through the air by radio or television, withintent to sell or to cause to be sold for profit or used to promote the sale ofany product, the article on which the performance is transferred.

 

40-13-203. Forfeiture and destruction.

 

Any article produced in violation of W.S.40-13-202 and any equipment or components used in producing the article issubject to forfeiture to and destruction by law enforcement agencies.

 

40-13-204. Additional prohibited act; evidence.

 

No person shall knowingly or withreasonable grounds to know, advertise, offer for sale or resale, sell orresell, distribute or possess any article which has been produced without theconsent of the owner or performer. Possession of five (5) or more duplicatecopies or twenty (20) or more individual copies of recorded articles producedwithout the consent of the owner or performer is prima facie evidence that thedevices are intended for sale or distribution in violation of this section.

 

40-13-205. Penalty.

 

 

(a) Any person who violates any portion of W.S. 40-13-202 isguilty of a felony and shall be imprisoned in the state penitentiary for notless than one (1) year nor more than two (2) years or fined not more than tenthousand dollars ($10,000.00), or both. Each violation is a separate offense.

 

(b) Any person who violates the provisions of W.S. 40-13-204 isguilty of a misdemeanor and shall be imprisoned in the county jail for not morethan one (1) year or fined not more than ten thousand dollars ($10,000.00), orboth. Each violation is a separate offense.

 

40-13-206. Exceptions.

 

(a) W.S. 40-13-201 through 40-13-206 do not apply to:

 

(i) Any broadcaster who, in connection with or as part of aradio, television or cable broadcast transmission or for the purpose ofarchival preservation, transfers any such sounds recorded on a sound recording;

 

(ii) Any person who transfers such sounds in the home, forpersonal use and without compensation for the transfer;

 

(iii) The transfer of sounds or possession of duplicate copieswithin an educational institution, solely for educational purposes; or

 

(iv) Any common carrier whose services or facilities are merelycontracted for and used by another for the purpose of transferring sound.

 

ARTICLE 3 - COPYRIGHT LICENSE ENFORCEMENT

 

40-13-301. Definitions.

 

 

(a) As used in this act:

 

(i) "Copyright owner" means the owner of a copyrightof a nondramatic musical work recognized and enforceable under the copyrightlaws of the United States pursuant to Title 17 of the United States Code, P. L.94-553 (17 U.S.C. 101 et seq.). "Copyright owner" shall notinclude the owner of a copyright in a motion picture or audiovisual work or inpart of a motion picture or audiovisual work;

 

(ii) "Performing rights society" means an associationor corporation that licenses the public performance of nondramatic musicalworks on behalf of copyright owners, such as the American Society of Composers,Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI) and SESAC, Inc.;

 

(iii) "Proprietor" means the owner of a retailestablishment, restaurant, inn, bar, tavern or any other place of business orprofessional office located in this state in which the public may assemble andin which nondramatic musical works may be performed, broadcast or otherwisetransmitted;

 

(iv) "Royalty" or "royalties" means the feespayable to a performing rights society for public performance rights;

 

(v) "This act" means W.S. 40-13-301 through40-13-305.

 

40-13-302. Information required to be provided regarding royaltycontracts; contract requirements.

 

 

(a) No performing rights society shall enter into, or offer toenter into, a contract for the payment of royalties by a proprietor unless atthe time of the offer, or any time thereafter, but no later than seventy-two(72) hours prior to the execution of that contract, it provides to theproprietor, in writing the following:

 

(i) A schedule of the rates and terms of royalties under thecontract;

 

(ii) Upon request of the proprietor, the opportunity to reviewthe most current available list of the members or affiliates represented by thesociety;

 

(iii) Notice that it will make available, upon written request ofany proprietor or bona fide trade association representing groups ofproprietors, at the sole expense of the proprietor or bona fide tradeassociation representing groups of proprietors, by electronic means orotherwise, the most current available listing of the copyrighted musical worksin such performing rights society's repertory. The notice shall specify themeans by which the information can be secured;

 

(iv) Notice that the performing rights society has a toll freetelephone number which can be used to answer inquiries of a proprietorregarding specific musical works and the copyright owners represented by thatperforming rights society; and

 

(v) Notice that it complies with federal law and orders ofcourts having appropriate jurisdiction regarding the rates and terms ofroyalties and the circumstances under which licenses for rights for publicperformances are offered to any proprietor.

 

(b) Every contract between a performing rights society andproprietor for the payment of royalties executed, issued or renewed in thisstate on or after July 1, 1996 shall:

 

(i) Be in writing;

 

(ii) Be signed by the parties; and

 

(iii) Include at least the following information:

 

(A) The proprietor's name and business address and the name andlocation of each place of business to which the contract applies;

 

(B) The name and address of the performing rights society;

 

(C) The duration of the contract; and

 

(D) The schedule of rates and terms of the royalties to becollected under the contract, including any sliding scale or schedule for anyincrease or decrease of those rates for the duration of that contract.

 

40-13-303. Restrictions.

 

 

(a) No performing rights society or any agent or employeethereof shall:

 

(i) With respect to a contract executed, issued or renewed onor after July 1, 1996, collect or attempt to collect from a proprietor licensedby that performing rights society a royalty payment except as provided in acontract executed pursuant to the provisions of this act;

 

(ii) Enter onto the premises of a proprietor's business for thepurpose of discussing a contract for payment of royalties for the use ofcopyrighted works by that proprietor without first identifying himself to theproprietor or his employees and disclosing that the agent is acting on behalfof the performing rights society and disclosing the purposes of the discussion.

 

40-13-304. Civil actions.

 

Anyperson who suffers a violation of this act may bring an action to recoveractual damages and reasonable attorney's fees and seek an injunction or anyother remedy available at law or in equity.

 

40-13-305. Applicability.

 

Thisact shall not apply to contracts between performing rights societies andbroadcasters licensed by the federal communications commission or to contractswith cable operators, programmers or other transmission services. This actalso shall not apply to investigations conducted by law enforcement agencies.

 

State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter13

CHAPTER 13 - COPYRIGHTED MUSIC

 

ARTICLE 1 - PROTECTION OF COPYRIGHT USERS

 

40-13-101. Short title.

 

This act may be cited as the"Protection of Copyright Users Act".

 

40-13-102. Definitions.

 

 

(a) The following words, terms and phrases, when used in thisact, shall have the meaning ascribed in this section, except where the contextclearly indicates a different meaning:

 

(i) "Blanket license" includes any device or contractwhereby public performance of musical compositions for profit is authorized ofcombined copyrights of two (2) or more owners;

 

(ii) "Blanket royalty or fee" includes any device orcontract whereby prices for performing rights of musical compositions are notbased upon the performance of individual copyrights;

 

(iii) "Composition" includes any and all musical,instrumental or vocal, compositions, which may be transcribed and reproduced bymechanical, electronic, magnetic means or devices, or any method now known orlater developed;

 

(iv) "Copyright" means the exclusive rights andprivileges provided for under the constitution of the United States and federalcopyright laws;

 

(v) "Music licensing agency" means and includes anyperson, corporation or any association, society, partnership, union, or otherorganization of two (2) or more copyright owners or proprietors, which has orclaims the exclusive or nonexclusive authority to issue, grant or to contractfor, performing rights licenses for two (2) or more copyright owners. When two(2) or more copyright owners or proprietors are represented by the same agentor representative, this agent or representative shall be deemed to be a"music licensing agency";

 

(vi) "Performing rights" means "public performancefor profit" of musical compositions;

 

(vii) "Person" means any individual, resident ornonresident of this state, and every domestic or foreign or alien partnership,society, association, corporation, or other organization;

 

(viii) "User" means any person, who, directly orindirectly, performs, or causes to be performed, musical compositions forprofit.

 

40-13-103. Licensing requirements.

 

 

(a) No music licensing agency and no copyright owner who is amember of such music licensing agency or who licenses the performing rights tohis music through a music licensing agency shall license the use of, or in anymanner whatsoever dispose of, in this state, the performing rights in or to anymusical composition which has been copyrighted, and is the subject of a validexisting copyright under the laws of the United States or collect anycompensation on account of any sale, license or other disposition, unless suchmusic licensing agency and each copyright owner shall:

 

(i) File annually with the secretary of state in duplicate acertified copy of each performing rights contract or license agreement madeavailable from such music licensing agency or copyright owner to any userwithin the state;

 

(ii) Issue, upon request, licenses of performing rights of thecompositions in the repertory of the music licensing agency to a radiobroadcasting network, telecasting network or music service, on terms whichauthorize the simultaneous and delayed performance by broadcasting or telecastingor simultaneous performance by music service as the case may be, by some or allof the stations in this state affiliated with such radio or television networkor by some or all subscriber outlets in this state affiliated with any musicservice without requiring a separate license for such station or subscriber forsuch performance.

 

40-13-104. Discrimination prohibited.

 

All groups and persons affected by this actare prohibited from discriminating against the citizens of this state bycharging higher and more inequitable rates for music licenses in this statethan in other states.

 

40-13-105. Licenses and fees; choices.

 

Thelicenses and fees made available pursuant to this article shall provide userswith genuine economic choices between the various licenses and fees providedfor application within the state of Wyoming.

 

40-13-106. Time for filing contracts and licenses; filing fee.

 

Thecontracts and licenses required by this article shall be filed with thesecretary of state. A filing fee of five dollars ($5.00) shall be paid to thesecretary of state at the time of each filing.

 

40-13-107. Blanket license fees.

 

Charges and fees under any blanket licensefor a blanket royalty or fee shall be valid and enforceable only to the extentthat the music licensing agency shall have complied with the provisions of thisact.

 

40-13-108. Doing business defined; amenability to process; service onnonresidents.

 

 

(a) All persons, groups, corporations, associations, foreign ordomestic, subject to this act shall be deemed to be doing business within thisstate and amenable to the process of the courts of the state of Wyoming when:

 

(i) Any such persons, combinations or groups have been issuedlicenses, either from within or from without the state, for the privilege ofusing commercially and publicly any copyrighted work or works pooled in acommon group or entity;

 

(ii) When any of the functions of the entity, organization, poolor combines, have been performed in this state.

 

(b) If such owners of copyrights comply with the provisions ofthis act they shall be granted the privilege of conducting business within thisstate in a legal manner, and may invoke the benefits of the state governmentand its political subdivisions in their behalf, using all of the privilegesavailable to the citizens of this state. Use of such privileges shall be deemedto be an acceptance of the provisions of this act.

 

(c) The acceptance by such persons of the rights and privilegesconferred by the law of this state to any of its citizens shall be deemedequivalent to and construed to be an appointment by such nonresidents of thesecretary of state of the state of Wyoming to be their true and lawful attorneyupon whom may be served all summons and processes growing out of a violation ofthis act. Service of such summons or process shall be made by leaving a copywith a fee of five dollars ($5.00) with the secretary of state of Wyoming, orin his office. Such service shall be sufficient and valid personal service uponany such nonresident defendant, copyright holder or owner, persons ordefendants, combination, entity or organization. Notice of such service and acopy of the summons or process shall be forthwith sent by registered mailrequiring personal delivery, by the prosecutor bringing any action under thischapter, to any defendant at his last known address, and the defendant's returnreceipt and the prosecutor's affidavit of compliance herewith are appended tothe process and entered as a part of the return. The secretary of state shallkeep a record of all such summons and process which shall show the day and timeof service.

 

40-13-109. Injunction.

 

In the event any person, or groups ofpersons, or any combination, refuse to comply with the provisions of this act,then the county attorney for any county or the attorney general upon complaintof any violation, may institute injunction proceedings against the persons inthe district court. The court may enjoin all persons from violating theprovisions of this act and the constitutional provisions prohibiting pricefixing, monopolies and combinations.

 

40-13-110. Right to sue; limitation; damages.

 

Any person in this state who is injured inhis business or property or aggrieved by reason of any violation of this actmay sue therefor within six (6) years of said violation in the district courtin the county in which the violation or any part thereof took place, to recoverany damages sustained as a result of the violation of the terms of this act,and shall be entitled to recover his costs, including reasonable attorney'sfees. The court may in its discretion increase the award of damages to anamount not to exceed three (3) times the actual damages sustained.

 

40-13-111. Existing contracts not affected.

 

No blanket license or contract in existencewith a user in the state of Wyoming at the time of the passage of this actshall be affected by this act.

 

40-13-112. Special appearances deemed general.

 

In the event any person, or any defendantis proceeded against as herein outlined, and is served with process accordingto law, appears in any proceeding by counsel or otherwise, or institutes anyspecial proceeding attacking such proceeding, or makes any motion therein,either special or general, or appears to obtain the judgment of the courtsolely upon the sufficiency of the service of process, or upon any phase orparticularity of the injunction proceedings, such special proceeding orappearance, or motion, or appearance shall be deemed as a general appearance.

 

40-13-113. Penalty for violations.

 

A person or music licensing agency whoviolates this act is guilty of a high misdemeanor and upon conviction ispunishable for each violation by a fine of not to exceed one thousand dollars($1,000.00), or by imprisonment in the state prison for a period of one (1)year, or both.

 

ARTICLE 2 - PROTECTION OF SOUND PRODUCTIONS

 

40-13-201. Definitions.

 

 

(a) As used in W.S. 40-13-201 through 40-13-206:

 

(i) "Owner" means the person who owns the originalfixation of sounds embodied in the master phonograph record, master disc,master tape, master film or other device used for reproducing sounds onphonograph records, discs, tapes, films or other articles upon which sound isrecorded and from which the transferred recorded sounds are directly derived;

 

(ii) "Performer" means any person appearing in aperformance.

 

40-13-202. Prohibited acts.

 

 

(a) No person shall:

 

(i) Knowingly and without the consent of the owner, transfer orcause to be transferred any sounds recorded on a phonograph record, disc, wire,tape, film or other article on which sounds are recorded, with intent to sellor to cause to be sold for profit or used to promote the sale of any product,the article on which the sounds are transferred; or

 

(ii) Knowingly and without the consent of the performer or hisagent, transfer to or cause to be transferred to any phonograph record, disc,wire, tape, film or other article, any performance, whether live before anaudience or transmitted by wire or through the air by radio or television, withintent to sell or to cause to be sold for profit or used to promote the sale ofany product, the article on which the performance is transferred.

 

40-13-203. Forfeiture and destruction.

 

Any article produced in violation of W.S.40-13-202 and any equipment or components used in producing the article issubject to forfeiture to and destruction by law enforcement agencies.

 

40-13-204. Additional prohibited act; evidence.

 

No person shall knowingly or withreasonable grounds to know, advertise, offer for sale or resale, sell orresell, distribute or possess any article which has been produced without theconsent of the owner or performer. Possession of five (5) or more duplicatecopies or twenty (20) or more individual copies of recorded articles producedwithout the consent of the owner or performer is prima facie evidence that thedevices are intended for sale or distribution in violation of this section.

 

40-13-205. Penalty.

 

 

(a) Any person who violates any portion of W.S. 40-13-202 isguilty of a felony and shall be imprisoned in the state penitentiary for notless than one (1) year nor more than two (2) years or fined not more than tenthousand dollars ($10,000.00), or both. Each violation is a separate offense.

 

(b) Any person who violates the provisions of W.S. 40-13-204 isguilty of a misdemeanor and shall be imprisoned in the county jail for not morethan one (1) year or fined not more than ten thousand dollars ($10,000.00), orboth. Each violation is a separate offense.

 

40-13-206. Exceptions.

 

(a) W.S. 40-13-201 through 40-13-206 do not apply to:

 

(i) Any broadcaster who, in connection with or as part of aradio, television or cable broadcast transmission or for the purpose ofarchival preservation, transfers any such sounds recorded on a sound recording;

 

(ii) Any person who transfers such sounds in the home, forpersonal use and without compensation for the transfer;

 

(iii) The transfer of sounds or possession of duplicate copieswithin an educational institution, solely for educational purposes; or

 

(iv) Any common carrier whose services or facilities are merelycontracted for and used by another for the purpose of transferring sound.

 

ARTICLE 3 - COPYRIGHT LICENSE ENFORCEMENT

 

40-13-301. Definitions.

 

 

(a) As used in this act:

 

(i) "Copyright owner" means the owner of a copyrightof a nondramatic musical work recognized and enforceable under the copyrightlaws of the United States pursuant to Title 17 of the United States Code, P. L.94-553 (17 U.S.C. 101 et seq.). "Copyright owner" shall notinclude the owner of a copyright in a motion picture or audiovisual work or inpart of a motion picture or audiovisual work;

 

(ii) "Performing rights society" means an associationor corporation that licenses the public performance of nondramatic musicalworks on behalf of copyright owners, such as the American Society of Composers,Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI) and SESAC, Inc.;

 

(iii) "Proprietor" means the owner of a retailestablishment, restaurant, inn, bar, tavern or any other place of business orprofessional office located in this state in which the public may assemble andin which nondramatic musical works may be performed, broadcast or otherwisetransmitted;

 

(iv) "Royalty" or "royalties" means the feespayable to a performing rights society for public performance rights;

 

(v) "This act" means W.S. 40-13-301 through40-13-305.

 

40-13-302. Information required to be provided regarding royaltycontracts; contract requirements.

 

 

(a) No performing rights society shall enter into, or offer toenter into, a contract for the payment of royalties by a proprietor unless atthe time of the offer, or any time thereafter, but no later than seventy-two(72) hours prior to the execution of that contract, it provides to theproprietor, in writing the following:

 

(i) A schedule of the rates and terms of royalties under thecontract;

 

(ii) Upon request of the proprietor, the opportunity to reviewthe most current available list of the members or affiliates represented by thesociety;

 

(iii) Notice that it will make available, upon written request ofany proprietor or bona fide trade association representing groups ofproprietors, at the sole expense of the proprietor or bona fide tradeassociation representing groups of proprietors, by electronic means orotherwise, the most current available listing of the copyrighted musical worksin such performing rights society's repertory. The notice shall specify themeans by which the information can be secured;

 

(iv) Notice that the performing rights society has a toll freetelephone number which can be used to answer inquiries of a proprietorregarding specific musical works and the copyright owners represented by thatperforming rights society; and

 

(v) Notice that it complies with federal law and orders ofcourts having appropriate jurisdiction regarding the rates and terms ofroyalties and the circumstances under which licenses for rights for publicperformances are offered to any proprietor.

 

(b) Every contract between a performing rights society andproprietor for the payment of royalties executed, issued or renewed in thisstate on or after July 1, 1996 shall:

 

(i) Be in writing;

 

(ii) Be signed by the parties; and

 

(iii) Include at least the following information:

 

(A) The proprietor's name and business address and the name andlocation of each place of business to which the contract applies;

 

(B) The name and address of the performing rights society;

 

(C) The duration of the contract; and

 

(D) The schedule of rates and terms of the royalties to becollected under the contract, including any sliding scale or schedule for anyincrease or decrease of those rates for the duration of that contract.

 

40-13-303. Restrictions.

 

 

(a) No performing rights society or any agent or employeethereof shall:

 

(i) With respect to a contract executed, issued or renewed onor after July 1, 1996, collect or attempt to collect from a proprietor licensedby that performing rights society a royalty payment except as provided in acontract executed pursuant to the provisions of this act;

 

(ii) Enter onto the premises of a proprietor's business for thepurpose of discussing a contract for payment of royalties for the use ofcopyrighted works by that proprietor without first identifying himself to theproprietor or his employees and disclosing that the agent is acting on behalfof the performing rights society and disclosing the purposes of the discussion.

 

40-13-304. Civil actions.

 

Anyperson who suffers a violation of this act may bring an action to recoveractual damages and reasonable attorney's fees and seek an injunction or anyother remedy available at law or in equity.

 

40-13-305. Applicability.

 

Thisact shall not apply to contracts between performing rights societies andbroadcasters licensed by the federal communications commission or to contractswith cable operators, programmers or other transmission services. This actalso shall not apply to investigations conducted by law enforcement agencies.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter13

CHAPTER 13 - COPYRIGHTED MUSIC

 

ARTICLE 1 - PROTECTION OF COPYRIGHT USERS

 

40-13-101. Short title.

 

This act may be cited as the"Protection of Copyright Users Act".

 

40-13-102. Definitions.

 

 

(a) The following words, terms and phrases, when used in thisact, shall have the meaning ascribed in this section, except where the contextclearly indicates a different meaning:

 

(i) "Blanket license" includes any device or contractwhereby public performance of musical compositions for profit is authorized ofcombined copyrights of two (2) or more owners;

 

(ii) "Blanket royalty or fee" includes any device orcontract whereby prices for performing rights of musical compositions are notbased upon the performance of individual copyrights;

 

(iii) "Composition" includes any and all musical,instrumental or vocal, compositions, which may be transcribed and reproduced bymechanical, electronic, magnetic means or devices, or any method now known orlater developed;

 

(iv) "Copyright" means the exclusive rights andprivileges provided for under the constitution of the United States and federalcopyright laws;

 

(v) "Music licensing agency" means and includes anyperson, corporation or any association, society, partnership, union, or otherorganization of two (2) or more copyright owners or proprietors, which has orclaims the exclusive or nonexclusive authority to issue, grant or to contractfor, performing rights licenses for two (2) or more copyright owners. When two(2) or more copyright owners or proprietors are represented by the same agentor representative, this agent or representative shall be deemed to be a"music licensing agency";

 

(vi) "Performing rights" means "public performancefor profit" of musical compositions;

 

(vii) "Person" means any individual, resident ornonresident of this state, and every domestic or foreign or alien partnership,society, association, corporation, or other organization;

 

(viii) "User" means any person, who, directly orindirectly, performs, or causes to be performed, musical compositions forprofit.

 

40-13-103. Licensing requirements.

 

 

(a) No music licensing agency and no copyright owner who is amember of such music licensing agency or who licenses the performing rights tohis music through a music licensing agency shall license the use of, or in anymanner whatsoever dispose of, in this state, the performing rights in or to anymusical composition which has been copyrighted, and is the subject of a validexisting copyright under the laws of the United States or collect anycompensation on account of any sale, license or other disposition, unless suchmusic licensing agency and each copyright owner shall:

 

(i) File annually with the secretary of state in duplicate acertified copy of each performing rights contract or license agreement madeavailable from such music licensing agency or copyright owner to any userwithin the state;

 

(ii) Issue, upon request, licenses of performing rights of thecompositions in the repertory of the music licensing agency to a radiobroadcasting network, telecasting network or music service, on terms whichauthorize the simultaneous and delayed performance by broadcasting or telecastingor simultaneous performance by music service as the case may be, by some or allof the stations in this state affiliated with such radio or television networkor by some or all subscriber outlets in this state affiliated with any musicservice without requiring a separate license for such station or subscriber forsuch performance.

 

40-13-104. Discrimination prohibited.

 

All groups and persons affected by this actare prohibited from discriminating against the citizens of this state bycharging higher and more inequitable rates for music licenses in this statethan in other states.

 

40-13-105. Licenses and fees; choices.

 

Thelicenses and fees made available pursuant to this article shall provide userswith genuine economic choices between the various licenses and fees providedfor application within the state of Wyoming.

 

40-13-106. Time for filing contracts and licenses; filing fee.

 

Thecontracts and licenses required by this article shall be filed with thesecretary of state. A filing fee of five dollars ($5.00) shall be paid to thesecretary of state at the time of each filing.

 

40-13-107. Blanket license fees.

 

Charges and fees under any blanket licensefor a blanket royalty or fee shall be valid and enforceable only to the extentthat the music licensing agency shall have complied with the provisions of thisact.

 

40-13-108. Doing business defined; amenability to process; service onnonresidents.

 

 

(a) All persons, groups, corporations, associations, foreign ordomestic, subject to this act shall be deemed to be doing business within thisstate and amenable to the process of the courts of the state of Wyoming when:

 

(i) Any such persons, combinations or groups have been issuedlicenses, either from within or from without the state, for the privilege ofusing commercially and publicly any copyrighted work or works pooled in acommon group or entity;

 

(ii) When any of the functions of the entity, organization, poolor combines, have been performed in this state.

 

(b) If such owners of copyrights comply with the provisions ofthis act they shall be granted the privilege of conducting business within thisstate in a legal manner, and may invoke the benefits of the state governmentand its political subdivisions in their behalf, using all of the privilegesavailable to the citizens of this state. Use of such privileges shall be deemedto be an acceptance of the provisions of this act.

 

(c) The acceptance by such persons of the rights and privilegesconferred by the law of this state to any of its citizens shall be deemedequivalent to and construed to be an appointment by such nonresidents of thesecretary of state of the state of Wyoming to be their true and lawful attorneyupon whom may be served all summons and processes growing out of a violation ofthis act. Service of such summons or process shall be made by leaving a copywith a fee of five dollars ($5.00) with the secretary of state of Wyoming, orin his office. Such service shall be sufficient and valid personal service uponany such nonresident defendant, copyright holder or owner, persons ordefendants, combination, entity or organization. Notice of such service and acopy of the summons or process shall be forthwith sent by registered mailrequiring personal delivery, by the prosecutor bringing any action under thischapter, to any defendant at his last known address, and the defendant's returnreceipt and the prosecutor's affidavit of compliance herewith are appended tothe process and entered as a part of the return. The secretary of state shallkeep a record of all such summons and process which shall show the day and timeof service.

 

40-13-109. Injunction.

 

In the event any person, or groups ofpersons, or any combination, refuse to comply with the provisions of this act,then the county attorney for any county or the attorney general upon complaintof any violation, may institute injunction proceedings against the persons inthe district court. The court may enjoin all persons from violating theprovisions of this act and the constitutional provisions prohibiting pricefixing, monopolies and combinations.

 

40-13-110. Right to sue; limitation; damages.

 

Any person in this state who is injured inhis business or property or aggrieved by reason of any violation of this actmay sue therefor within six (6) years of said violation in the district courtin the county in which the violation or any part thereof took place, to recoverany damages sustained as a result of the violation of the terms of this act,and shall be entitled to recover his costs, including reasonable attorney'sfees. The court may in its discretion increase the award of damages to anamount not to exceed three (3) times the actual damages sustained.

 

40-13-111. Existing contracts not affected.

 

No blanket license or contract in existencewith a user in the state of Wyoming at the time of the passage of this actshall be affected by this act.

 

40-13-112. Special appearances deemed general.

 

In the event any person, or any defendantis proceeded against as herein outlined, and is served with process accordingto law, appears in any proceeding by counsel or otherwise, or institutes anyspecial proceeding attacking such proceeding, or makes any motion therein,either special or general, or appears to obtain the judgment of the courtsolely upon the sufficiency of the service of process, or upon any phase orparticularity of the injunction proceedings, such special proceeding orappearance, or motion, or appearance shall be deemed as a general appearance.

 

40-13-113. Penalty for violations.

 

A person or music licensing agency whoviolates this act is guilty of a high misdemeanor and upon conviction ispunishable for each violation by a fine of not to exceed one thousand dollars($1,000.00), or by imprisonment in the state prison for a period of one (1)year, or both.

 

ARTICLE 2 - PROTECTION OF SOUND PRODUCTIONS

 

40-13-201. Definitions.

 

 

(a) As used in W.S. 40-13-201 through 40-13-206:

 

(i) "Owner" means the person who owns the originalfixation of sounds embodied in the master phonograph record, master disc,master tape, master film or other device used for reproducing sounds onphonograph records, discs, tapes, films or other articles upon which sound isrecorded and from which the transferred recorded sounds are directly derived;

 

(ii) "Performer" means any person appearing in aperformance.

 

40-13-202. Prohibited acts.

 

 

(a) No person shall:

 

(i) Knowingly and without the consent of the owner, transfer orcause to be transferred any sounds recorded on a phonograph record, disc, wire,tape, film or other article on which sounds are recorded, with intent to sellor to cause to be sold for profit or used to promote the sale of any product,the article on which the sounds are transferred; or

 

(ii) Knowingly and without the consent of the performer or hisagent, transfer to or cause to be transferred to any phonograph record, disc,wire, tape, film or other article, any performance, whether live before anaudience or transmitted by wire or through the air by radio or television, withintent to sell or to cause to be sold for profit or used to promote the sale ofany product, the article on which the performance is transferred.

 

40-13-203. Forfeiture and destruction.

 

Any article produced in violation of W.S.40-13-202 and any equipment or components used in producing the article issubject to forfeiture to and destruction by law enforcement agencies.

 

40-13-204. Additional prohibited act; evidence.

 

No person shall knowingly or withreasonable grounds to know, advertise, offer for sale or resale, sell orresell, distribute or possess any article which has been produced without theconsent of the owner or performer. Possession of five (5) or more duplicatecopies or twenty (20) or more individual copies of recorded articles producedwithout the consent of the owner or performer is prima facie evidence that thedevices are intended for sale or distribution in violation of this section.

 

40-13-205. Penalty.

 

 

(a) Any person who violates any portion of W.S. 40-13-202 isguilty of a felony and shall be imprisoned in the state penitentiary for notless than one (1) year nor more than two (2) years or fined not more than tenthousand dollars ($10,000.00), or both. Each violation is a separate offense.

 

(b) Any person who violates the provisions of W.S. 40-13-204 isguilty of a misdemeanor and shall be imprisoned in the county jail for not morethan one (1) year or fined not more than ten thousand dollars ($10,000.00), orboth. Each violation is a separate offense.

 

40-13-206. Exceptions.

 

(a) W.S. 40-13-201 through 40-13-206 do not apply to:

 

(i) Any broadcaster who, in connection with or as part of aradio, television or cable broadcast transmission or for the purpose ofarchival preservation, transfers any such sounds recorded on a sound recording;

 

(ii) Any person who transfers such sounds in the home, forpersonal use and without compensation for the transfer;

 

(iii) The transfer of sounds or possession of duplicate copieswithin an educational institution, solely for educational purposes; or

 

(iv) Any common carrier whose services or facilities are merelycontracted for and used by another for the purpose of transferring sound.

 

ARTICLE 3 - COPYRIGHT LICENSE ENFORCEMENT

 

40-13-301. Definitions.

 

 

(a) As used in this act:

 

(i) "Copyright owner" means the owner of a copyrightof a nondramatic musical work recognized and enforceable under the copyrightlaws of the United States pursuant to Title 17 of the United States Code, P. L.94-553 (17 U.S.C. 101 et seq.). "Copyright owner" shall notinclude the owner of a copyright in a motion picture or audiovisual work or inpart of a motion picture or audiovisual work;

 

(ii) "Performing rights society" means an associationor corporation that licenses the public performance of nondramatic musicalworks on behalf of copyright owners, such as the American Society of Composers,Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI) and SESAC, Inc.;

 

(iii) "Proprietor" means the owner of a retailestablishment, restaurant, inn, bar, tavern or any other place of business orprofessional office located in this state in which the public may assemble andin which nondramatic musical works may be performed, broadcast or otherwisetransmitted;

 

(iv) "Royalty" or "royalties" means the feespayable to a performing rights society for public performance rights;

 

(v) "This act" means W.S. 40-13-301 through40-13-305.

 

40-13-302. Information required to be provided regarding royaltycontracts; contract requirements.

 

 

(a) No performing rights society shall enter into, or offer toenter into, a contract for the payment of royalties by a proprietor unless atthe time of the offer, or any time thereafter, but no later than seventy-two(72) hours prior to the execution of that contract, it provides to theproprietor, in writing the following:

 

(i) A schedule of the rates and terms of royalties under thecontract;

 

(ii) Upon request of the proprietor, the opportunity to reviewthe most current available list of the members or affiliates represented by thesociety;

 

(iii) Notice that it will make available, upon written request ofany proprietor or bona fide trade association representing groups ofproprietors, at the sole expense of the proprietor or bona fide tradeassociation representing groups of proprietors, by electronic means orotherwise, the most current available listing of the copyrighted musical worksin such performing rights society's repertory. The notice shall specify themeans by which the information can be secured;

 

(iv) Notice that the performing rights society has a toll freetelephone number which can be used to answer inquiries of a proprietorregarding specific musical works and the copyright owners represented by thatperforming rights society; and

 

(v) Notice that it complies with federal law and orders ofcourts having appropriate jurisdiction regarding the rates and terms ofroyalties and the circumstances under which licenses for rights for publicperformances are offered to any proprietor.

 

(b) Every contract between a performing rights society andproprietor for the payment of royalties executed, issued or renewed in thisstate on or after July 1, 1996 shall:

 

(i) Be in writing;

 

(ii) Be signed by the parties; and

 

(iii) Include at least the following information:

 

(A) The proprietor's name and business address and the name andlocation of each place of business to which the contract applies;

 

(B) The name and address of the performing rights society;

 

(C) The duration of the contract; and

 

(D) The schedule of rates and terms of the royalties to becollected under the contract, including any sliding scale or schedule for anyincrease or decrease of those rates for the duration of that contract.

 

40-13-303. Restrictions.

 

 

(a) No performing rights society or any agent or employeethereof shall:

 

(i) With respect to a contract executed, issued or renewed onor after July 1, 1996, collect or attempt to collect from a proprietor licensedby that performing rights society a royalty payment except as provided in acontract executed pursuant to the provisions of this act;

 

(ii) Enter onto the premises of a proprietor's business for thepurpose of discussing a contract for payment of royalties for the use ofcopyrighted works by that proprietor without first identifying himself to theproprietor or his employees and disclosing that the agent is acting on behalfof the performing rights society and disclosing the purposes of the discussion.

 

40-13-304. Civil actions.

 

Anyperson who suffers a violation of this act may bring an action to recoveractual damages and reasonable attorney's fees and seek an injunction or anyother remedy available at law or in equity.

 

40-13-305. Applicability.

 

Thisact shall not apply to contracts between performing rights societies andbroadcasters licensed by the federal communications commission or to contractswith cable operators, programmers or other transmission services. This actalso shall not apply to investigations conducted by law enforcement agencies.

 

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