Utah Code 13-10a-5. Contract requirements
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(1) Beginning July 1, 1998, each contract for the payment of royalties between a proprietor and a performing rights society or organization executed, issued, or renewed in the state shall:
Terms Used In Utah Code 13-10a-5
- Contract: A legal written agreement that becomes binding when signed.
- Performing rights society or organization: means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. See Utah Code 13-10a-2
- Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which:(5)(a) the public may assemble; and(5)(b) musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. See Utah Code 13-10a-2
- royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works. See Utah Code 13-10a-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(1)(a) be in writing;
(1)(b) be signed by both parties to the contract; and
(1)(c) include at least the following information:
(1)(c)(i) the proprietor’s name and business address and the name and location of each place of business to which the contract applies;
(1)(c)(ii) the name and business address of the performing rights society or organization;
(1)(c)(iii) the duration of the contract; and
(1)(c)(iv) the schedule of rates and terms of 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.
(2)
(2)(a) Nothing in this act shall be construed to affect any contract signed before July 1, 1998.
(2)(b) All contracts signed before July 1, 1998, that are renewed after that date are subject to the requirements of this act.