Ch. 611

1995 LAWS OF MARYLAND

(D)     "PERFORMING RIGHTS SOCIETY" MEANS AN ASSOCIATION OR
CORPORATION THAT LICENSES THE PUBLIC PERFORMANCE OF NONDRAMATIC
MUSICAL WORKS ON BEHALF OF COPYRIGHT OWNERS, SUCH AS THE AMERICAN
SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP), BROADCAST MUSIC,
INC. (BMI), AND SESAC, INC.

(E)     "PROPRIETOR" MEANS THE OWNER OF A RETAIL ESTABLISHMENT,
RESTAURANT, INN, BAR, TAVERN, SPORTS OR ENTERTAINMENT FACILITY, OR ANY
OTHER SIMILAR PLACE OF BUSINESS OR PROFESSIONAL OFFICE LOCATED IN THIS
STATE, IN WHICH THE PUBLIC MAY ASSEMBLE AND IN WHICH NONDRAMATIC
MUSICAL WORKS OR SIMILAR COPYRIGHTED WORKS MAY BE PERFORMED,
BROADCAST, OR OTHERWISE TRANSMITTED FOR THE ENJOYMENT OF THE
MEMBERS OF THE PUBLIC THERE ASSEMBLED.

(F) "ROYALTY" OR "ROYALTIES" MEANS THE FEES PAYABLE BY A
PROPRIETOR TO A COPYRIGHT OWNER OR PERFORMING RIGHTS SOCIETY FOR THE
PUBLIC PERFORMANCE OF NONDRAMATIC MUSICAL OR OTHER SIMILAR WORK
WORKS.

11-1402.                                                                 

(A) (1) ' A COPYRIGHT OWNER OR PERFORMING RIGHTS SOCIETY MAY NOT
ENTER INTO, OR OFFER TO ENTER INTO; OR EXECUTE A CONTRACT FOR THE
PAYMENT OF ROYALTIES BY A PROPRIETOR UNLESS, NO LATER THAN 72 HOURS
PRIOR TO THE EXECUTION OF THE CONTRACT, THE COPYRIGHT OWNER OR
PERFORMING RIGHTS SOCIETY PROVIDES TO THE PROPRIETOR, IN WRITING, THE
FOLLOWING:

(I)       A SCHEDULE OF THE RATES AND TERMS OF ROYALTIES
UNDER THE CONTRACT;

(II)     A SCHEDULE OF THE RATES AND TERMS OF ROYALTIES
UNDER AGREEMENTS EXECUTED BY THE COPYRIGHT OWNER OR PERFORMING
RIGHTS SOCIETY AND PROPRIETORS OF COMPARABLE BUSINESSES IN THE AREA;

(III)    IN THE CASE OF A PERFORMING RIGHTS SOCIETY, THE
COPYRIGHT OWNERS REPRESENTED BY THAT SOCIETY AND THE WORKS LICENSED
UNDER THE CONTRACT THE MOST CURRENT AVAILABLE LISTING OF THE
COPYRIGHTED MUSICAL WORKS IN THE PERFORMING RIGHTS SOCIETY
REPERTORY THE TOLL FREE TELEPHONE NUMBER REQUIRED UNDER PARAGRAPH (2)
OF THIS SUBSECTION;

(IV) IN THE CASE OF A PERFORMING RIGHTS SOCIETY, IF AGENTS
OR EMPLOYEES RESPONSIBLE FOR 'ENFORCING THE RIGHTS OF COPYRIGHT
OWNERS REPRESENTED ARE PAID IN WHOLE OR IN PART ON A COMMISSION BASIS,
THE RATES OF COMMISSION IN EFFECT FOR THAT PERFORMING RIGHTS SOCIETY IN
THAT AREA;

(V) (IV) IN THE CASE OF A PERFORMING RIGHTS SOCIETY WHICH
OFFERS DISCOUNTS TO PROPRIETORS IN THE AREA ON ANY BASIS, THE AMOUNTS
AND TERMS OF THOSE DISCOUNTS; AND

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