Section 436.159

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 1995   

  436.159.  Prohibited acts by performing rights society, exception — violations — penalties. — 1.  No performing rights society, or any agent or employee thereof shall:

  (1)  Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor without first identifying himself to the proprietor or his employees and disclose that the agent is acting on behalf of the performing rights society and disclosing the purpose of the discussion;

  (2)  Collect or attempt to collect a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of sections 436.150 to 436.163;

  (3)  Use or attempt to use any act or practice in negotiating with a proprietor, or in retaliation for a proprietor's failure or refusal to negotiate, with respect to a contract for the payment of royalties, including, but not limited to:

  (a)  Engaging in any coercive conduct, act or practice that is disruptive of a proprietor's business or 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;

  (b)  However, nothing in sections 436.150 to 436.163 shall be construed to prevent the performing rights society from informing the proprietor of the proprietor's obligations under the federal copyright law, Title 17 of the United States Code;

  (c)  Charging or collecting a royalty which is unreasonable in comparison to the royalties for similar licenses;

  (4)  Levy and collect any license fee, royalty, or other charge from any person or entity which conducts a nonprofit musical festival or performance, unless prior to the festival or performance such performing rights society, upon the request of the person or entity conducting such festival or performance, submits to the person or entity conducting such festival or performance a list of copyrighted vocal and instrumental musical compositions which may not be performed or otherwise copied unless the license fee, royalty, or charge is paid.  The person or entity conducting the festival or performance shall submit such a request to any local agency or representative of the performing rights society.

  2.  A person who violates any of the provisions of sections 436.150 to 436.163 shall be guilty of a class C misdemeanor.

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(L. 1995 S.B. 355 § 1 subsecs. 5, 6)