Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued or renewed in the Commonwealth on or after July 1, 1995, shall be:

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Terms Used In Virginia Code 59.1-462

  • Contract: A legal written agreement that becomes binding when signed.
  • Performing rights society: means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. See Virginia Code 59.1-460
  • 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 Commonwealth 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 Virginia Code 59.1-460
  • 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 Virginia Code 59.1-460

1. In writing;

2. Signed by the parties;

3. Written to include, at a minimum, the following information:

a. The proprietor’s name and business address and the name and location of each place of business to which the contract applies;

b. The name of the performing rights society;

c. The duration of the contract; and

d. The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of such rates for the duration of the contract.

1995, c. 648.