Section 31.04. Copyrights

1. As used in this section:
    (a)  "Copyright owner" means the owner of a copyright of a nondramatic
  musical work recognized and enforceable under the copyright laws of  the
  United  States  pursuant  to Title 17 of the United States Code, Pub. L.
  94-553 (17 U.S.C. § 101 et seq.). "Copyright owner"  shall  not  include
  the  owner of a copyright in a motion picture or audiovisual work, or in
  part of a motion picture or audiovisual work.
    (b) "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. (BMI), and SESAC,
  Inc.
    (c)  "Proprietor"  means  the  owner  of   a   retail   establishment,
  restaurant,  inn, bar, tavern, or any other similar place of business or
  professional office located in  this  state  in  which  the  public  may
  assemble  and  in  which  nondramatic  musical  works  may be performed,
  broadcast, or otherwise transmitted.
    (d) "Royalty" or "royalties" means the fees payable  to  a  performing
  rights society for public performance rights.
    2.  No  performing  rights society shall enter into, or offer to enter
  into, a contract for the payment of royalties by a proprietor unless  at
  the  time  of  the  offer,  or  any  time  thereafter, but no later than
  seventy-two hours prior to the execution of that contract,  it  provides
  to the proprietor in writing, the following:
    (a) a schedule of the rates and terms of royalties under the contract;
    (b)  upon the request of the proprietor, the opportunity to review the
  most current available list of the members or affiliates represented  by
  the society;
    (c)  notice  that  it will make available, upon written request of any
  proprietor or  bona  fide  trade  associations  representing  groups  of
  proprietors,  at  the  sole expense of the proprietor or bona fide trade
  associations representing groups of proprietors by electronic  means  or
  otherwise, the most current available listing of the copyrighted musical
  works  in such performing rights society's repertory, provided that such
  notice shall specify the mean by which such information can be secured;
    (d) notice  that  the  performing  rights  society  has  a  toll  free
  telephone  number  which can be used to answer inquiries of a proprietor
  regarding specific musical works and the copyright owners represented by
  that performing rights society; and
    (e) notice that it complies with federal  law  and  orders  of  courts
  having  appropriate  jurisdiction  regarding  the  rates  and  terms  of
  royalties and the circumstances under  which  licenses  for  rights  for
  public performances are offered to any proprietor.
    3.  Every  contract between a performing rights society and proprietor
  for the payment of the royalties executed  issued  or  renewed  in  this
  state on or after the effective date of this section shall:
    (a) be in writing;
    (b) be signed by the parties; and
    (c) include at least the following information:
    (1)  the  proprietor's  name  and  business  address  and the name and
  location of each place of business to which the contract applies;
    (2) the name and address of the performing rights society;
    (3) the duration of the contract; and
    (4) 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 those rates for the duration of that contract.
    4. No performing rights society, or  any  agent  or  employee  thereof
  shall:

    (a)  with respect to contracts executed, issued or renewed on or after
  the effective date of this section, collect or attempt to collect from a
  proprietor licensed by that performing rights society a royalty  payment
  except  as provided in a contract executed pursuant to the provisions of
  this section;
    (b) 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
  or herself to the proprietor or his or her employees and disclosing that
  the  agent  is  acting  on  behalf of such performing rights society and
  disclosing the purpose of the discussion; and
    (c) fail to provide written notice to  a  proprietor  or  his  or  her
  employees  within  seventy-two  hours  after  entering  the proprietor's
  business for the purpose  of  investigating  the  possible  performance,
  broadcasting   or   transmission  of  non-dramatic  musical  works,  and
  disclosing that such agent or employee was investigating  on  behalf  of
  such performing rights society and disclosing:
    (1) the name of the performing rights society;
    (2)   the   date  on  which  such  agent  or  employee  conducted  the
  investigation; and
    (3)  the  copyrighted  works  in  such  performing  rights   society's
  repertory performed at the business during the investigation.
    5.    Any  person who suffers a violation of this section may bring an
  action to recover actual damages and reasonable attorney's fees and seek
  an injunction or any other remedy available at law or in equity.    This
  section shall not apply to contracts between performing rights societies
  and broadcasters licensed by the federal communications commission or to
  contracts  with  cable  operators,  programmers  or  other  transmission
  services.  This section shall also not apply to investigations conducted
  by law enforcement agencies or other persons with respect to a suspected
  violation of article two hundred seventy-five of the penal law.