PARRIS N. GLENDENING, Governor

Ch. 611

(VI) (V) NOTICE, IN A FORM PRESCRIBED BY THE ATTORNEY
GENERAL, THAT THE PROPRIETOR IS ENTITLED TO THE INFORMATION REQUIRED
BY THIS SECTION, AND THAT THE FAILURE OF THE COPYRIGHT OWNER OR
PERFORMING RIGHTS SOCIETY TO PROVIDE THAT INFORMATION IS A VIOLATION
OF; THIS SUBTITLE AND MAY RENDER A CONTRACT UNENFORCEABLE UNDER,
UNDER THIS SUBTITLE.

(2) WITH RESPECT TO THE INFORMATION REQUIRED UNDER
SUBSECTION (A)(1)(III) OF THIS SECTION:

(I) AT THE OPTION OF THE PROPRIETOR, THE INFORMATION MAY
BE PROVIDED ELECTRONICALLY; AND

(II) INSTEAD OF PROVIDING THE INFORMATION IN WRITING, THE
PERFORMING RIGHTS SOCIETY MAY SHALL ESTABLISH A TOLL FREE TELEPHONE
NUMBER WHICH CAN BE USED TO ACCESS THE INFORMATION OBTAIN THE MOST
CURRENT AVAILABLE LISTING OF COPYRIGHTED ARTISTS AND MUSICAL WORKS IN THE
PERFORMING RIGHTS SOCIETY'S REPERTORY ANSWER INQUIRIES OF A PROPRIETOR
REGARDING SPECIFIC MUSICAL WORKS AND THE COPYRIGHT OWNERS REPRESENTED BY
THAT PERFORMING RIGHTS SOCIETY.

(B) EVERY CONTRACT BETWEEN A PERFORMING RIGHTS SOCIETY AND A
PROPRIETOR FOR THE PAYMENT OF ROYALTIES EXECUTED OR RENEWED IN THIS
STATE SHALL:

(1)      SHALL BE IN WRITING;

(2)      SHALL BE SIGNED BY THE PARTIES TO THE CONTRACT; AND

(3)      MAY NOT EXCEED 1 YEAR, AFTER WHICH TERM THE CONTRACT
SHALL BE AUTOMATICALLY RENEWED ON THE SAME TERMS AND CONDITIONS
UNLESS EITHER PARTY TO THE CONTRACT PROVIDES WRITTEN NOTICE AT LEAST 45
DAYS PRIOR TO THE TERMINATION DATE OF THAT CONTRACT OF THE PARTY'S
DESIRE TO TERMINATE THE CONTRACT OR TO CHANGE ITS TERMS AND
CONDITIONS; AND

(4)      SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION:

(I)      THE PROPRIETOR'S NAME AND BUSINESS ADDRESS AND THE
NAME AND LOCATION OF EACH PLACE OF BUSINESS TO WHICH THE CONTRACT
APPLIES;

(II)     THE NAME AND BUSINESS ADDRESS OF THE PERFORMING RIGHTS
SOCIETY;

(II) (III) THE DURATION OF THE CONTRACT; AND

(III) (IV) THE SCHEDULE OF RATES AND TERMS OF THE
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.

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