Trademarks and Service Marks

ORS 647.705
Requirements for performing rights societies


(1)

A performing rights society may not enter into, or offer to enter into, a contract under the terms of which a proprietor must pay royalties unless the performing rights society, at least 72 hours before entering into the contract, provides to the proprietor or an employee of the proprietor:

(a)

Information, at the proprietor’s request, as to whether specific copyrighted musical works are in the repertoire of the performing rights society;

(b)

An opportunity to review, electronically and free of charge, the most current available list of the performing rights society’s members or affiliates, and the most current available list of the musical works that the performing rights society licenses, in a format that the proprietor can search by title, publisher and performing artist; and

(c)

A schedule of rates and terms under which the performing rights society will collect royalties under the contract, including the terms of any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract.

(2)

A performing rights society may not license or attempt to license a proprietor to perform a musical work in this state unless the performing rights society each year submits to the Secretary of State for filing an electronic template copy of each performing rights form contract that a performing rights society offers to a proprietor in this state under which the proprietor would pay royalties.

(3)

The Secretary of State’s duty to file documents under this section is ministerial. The Secretary of State need not review or verify the contents of performing rights contracts for compliance with this section. [1997 c.236 §2; 2018 c.28 §5]
Note: See note under 647.700 (Definitions for ORS 647.700 to 647.730).

Source

Last accessed
Jun. 26, 2021