Ch. 611

1995 LAWS OF MARYLAND

(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION THE PERFORMING
RIGHTS SOCIETY SHALL OFFER TO THE PROPRIETOR A 1-YEAR CONTRACT.

(2) THE PERFORMING RIGHTS SOCIETY AND THE PROPRIETOR MAY AGREE
TO A CONTRACT FOR OTHER THAN 1 YEAR.

11-1403.

A COPYRIGHT OWNER, PERFORMING RIGHTS SOCIETY, OR ANY AGENT OR
EMPLOYEE OF A COPYRIGHT OWNER OR PERFORMING RIGHTS SOCIETY MAY NOT:

(1) DISCUSS WITH A PROPRIETOR OR THE PROPRIETOR'S EMPLOYEES A
CONTRACT FOR THE PAYMENT OF ROYALTIES OR THE USE OF COPYRIGHTED
WORKS BY THE PROPRIETOR WITHOUT FIRST PROVIDING IDENTIFICATION TO THE
PROPRIETOR OR THE PROPRIETOR'S EMPLOYEES AND MAKING KNOWN TO THEM
THE PURPOSE OF THE INQUIRIES;

(2) COLLECT OR ATTEMPT TO COLLECT A ROYALTY PAYMENT OR ANY
OTHER FEE EXCEPT AS PROVIDED IN A CONTRACT EXECUTED IN ACCORDANCE
WITH THE PROVISIONS OF THIS SUBTITLE; OR

(3) USE OR ATTEMPT TO USE ANY ACT OR PRACTICE IN NEGOTIATING
WITH A PROPRIETOR, OR IN RETALIATION FOR A PROPRIETOR'S REFUSAL TO
NEGOTIATE, WITH RESPECT TO A CONTRACT FOR THE PAYMENT OF ROYALTIES,
INCLUDING:

(I) THREATENING TO COMMENCE LEGAL PROCEEDINGS IN
CONNECTION WITH AN ALLEGED COPYRIGHT VIOLATION WITH THE INTENT OF
COERCING THE PROPRIETOR TO NEGOTIATE OR ENTER INTO A CONTRACT FOR THE
PAYMENT OF ROYALTIES; OR

(A) BEFORE DISCUSSING A CONTRACT FOR THE PAYMENT OF ROYALTIES OR THE
USE OF COPYRIGHTED WORKS BY A PROPRIETOR AND BEFORE COLLECTING OR
ATTEMPTING TO COLLECT A ROYALTY OR FEE UNDER THE CONTRACT, AN AGENT OR AN
EMPLOYEE OF A PERFORMING RIGHTS SOCIETY SHALL:

(1) DISCLOSE THAT THE AGENT OR EMPLOYEE IS ACTING ON BEHALF OF A
PERFORMING RIGHTS SOCIETY;

(2) IDENTIFY THE PERFORMING RIGHTS SOCIETY FOR WHICH THE AGENT
OR THE EMPLOYEE ACTS; AND

(3) DISCLOSE THE PURPOSE OF THE DISCUSSION.

(B) A PERFORMING RIGHTS SOCIETY OR THE AGENT OR EMPLOYEE OF THE
PERFORMING RIGHTS SOCIETY MAY COLLECT A ROYALTY OR ANY OTHER FEE ONLY AS
PROVIDED IN A CONTRACT EXECUTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBTITLE.

(C) A PERFORMING RIGHTS SOCIETY OR THE AGENT OR EMPLOYEE OF A
PERFORMING RIGHTS SOCIETY MAY NOT:

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