Idaho Code 48-1305 – Prohibited Conduct
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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 or inquiring about a contract for the payment of royalties with the proprietor or his employees, without first identifying himself to the proprietor or his employees and making known to them the purpose of the discussion or inquiry;
Terms Used In Idaho Code 48-1305
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Performing rights society: means an association or corporation that licenses the public performances of nondramatic musical works on behalf of copyright owners, such as the American society of composers, authors and publishers (ASCAP), broadcast music, inc. See Idaho Code 48-1302
- 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 the 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 members of the public there assembled. See Idaho Code 48-1302
- royalties: means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works. See Idaho Code 48-1302
(2) Engage in any coercive conduct, act or practice that is substantially disruptive to a proprietor’s business;
(3) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or
(4) Fail to comply with or fulfill the obligations imposed by sections 48-1303 and 48-1304, Idaho Code. However, nothing in this chapter shall be construed to prohibit a performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor’s obligation under the copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.S.C. § 101 et seq.).