Short title
Short title. This Act may be cited as the Music Licensing Fees Act. (Source: P.A. 89-114, eff. 1-1-96.)
Illinois · statute · 815 ILCS 637 · 10 active provisions
Short title. This Act may be cited as the Music Licensing Fees Act. (Source: P.A. 89-114, eff. 1-1-96.)
Definitions. As used in this Act: "Copyright owner" means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States under Title 17 of the United States Code, P. L. 94-553 (17 U.S.C. 101 et seq.). "Performing rights society" means an associ…
Licensing negotiations. 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 72 hours prior to the execution of that contract, it provides to the proprietor, in writing, t…
Royalty contract requirements. Every contract for the payment of royalties between a proprietor and a performing rights society executed in this State shall be: (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…
Improper licensing practices. No performing rights society or any agent or employee thereof shall 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 Act. (Source: P.A. 89-114, eff. 1…
Investigations. Nothing in this Act 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 federal Copyright Law, Title 17 of the United States Code. (Source: P.A…
Remedies; injunction. Any person who suffers a violation of this Act may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other available remedy. (Source: P.A. 89-114, eff. 1-1-96.)
Remedies cumulative. The rights, remedies, and prohibitions contained in this Act shall be in addition to and cumulative of any other right, remedy, or prohibition accorded by common law, or State or federal law and nothing contained herein shall be construed to deny, abrogate, or impair any such common law or statutor…
Exceptions. This Act shall not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission, or to contracts with cable operators, programmers, or other transmission services. Nor shall this Act apply to musical works performed in synchron…
Effective date. This Act takes effect January 1, 1996. (Source: P.A. 89-114, eff. 1-1-96.)