PARRIS N. GLENDENING, Governor                             Ch. 611

(1990 Replacement Volume and 1994 Supplement)

Preamble

WHEREAS, Under the copyright laws of the United States, a copyright owner
may enforce those rights against the owners of restaurants, bars, retail establishments,
doctors, and other professionals' offices, and places of business where members of the
public may assemble, for the public performance of music and other similar copyrighted
works, whether it be in person by a performing artist hired by the proprietor, or on radio
stations or other electronic media transmitted, received, and rebroadcast by the
proprietor at those places of business; and

WHEREAS, The proprietors of such establishments are frequently subject to

arbitrary and capricious enforcement and collection practices by the owners of these
copyrights or their agents, who may enter the premises without identification and
question employees, collect fees on an irregular basis, arbitrarily increase and charge fees
in excess of those agreed to by the proprietors under existing contracts, or charge similar
businesses vastly differing fees for essentially the same use of copyrighted works; and

WHEREAS, These proprietors, usually small business owners who, through their
businesses and professions, contribute to the economy of this State and employ its
citizens, recognize the copyright laws of the United States and the purposes for which
they were enacted and should be enforced, and acknowledge their obligations thereunder
for use of copyrighted works in their places of business; and

WHEREAS, It is in the best interests of the State, its business community, and
consumers in the State, that such arbitrary, capricious, and unfair trade practices be
prohibited and the agreements under which such rights and responsibilities are
established be regulated by this State; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Commercial Law

SUBTITLE 14. COPYRIGHT ROYALTIES.
11-1401.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     "AREA" MEANS A CIRCULAR GEOGRAPHIC REGION HAVING A 25-MILE
RADIUS SURROUNDING EACH BUSINESS LOCATION OF A PROPRIETOR.

(C)     "COPYRIGHT OWNER" MEANS THE OWNER OF A COPYRIGHT OF A
NONDRAMATIC MUSICAL OR SIMILAR WORK RECOGNIZED AND ENFORCEABLE
UNDER THE COPYRIGHT LAWS OF THE UNITED STATES IN ACCORDANCE WITH
PURSUANT TO TITLE 17 OF THE UNITED STATES CODE.

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