Kansas Statutes

Chapter 57: Patent Rights And Copyrights

Article 2: Musical And Dramatic-Musical Compositions

Statutes:

• 57-201: Definitions.
• 57-202 to 57-204:
• 57-205: Copy and affidavit to be filed.
• 57-206: Service of process; duties of secretary of state.
• 57-207: Actions or proceedings; certified copies of lists, license agreements and other filed documents; fees; evidence.
• 57-208: Gross receipts tax; payment; rules and regulations; blank forms.
• 57-209, 57-210:
• 57-211: Prior contracts or licenses not affected.
• 57-212: Invalidity of part.
• 57-213 to 57-220: Reserved.
• 57-221: Definitions.
• 57-222: Required information.
• 57-223: Contents.
• 57-224: Prohibited acts.
• 57-225: Remedies.
• 57-226: Act supplemental to other law.
• 57-227: Exemptions.

• 57-201: Definitions. As used in this act, "person" means any individual, resident or nonresident, of this state, and every domestic or foreign or alien partnership, society, association or corporation; the words "performing rights" refer to "public performance for profit"; the word "user" means any person who directly or indirectly performs or causes to be performed musical compositions for profit; the term "blanket license" includes any device whereby public performance for profit is authorized of the combined copyrights of two or more owners; the term "blanket royalty or fee" includes any device whereby prices for performing rights are not based on the separate performance of individual copyrights.

        History:   L. 1939, ch. 306, § 1; June 24.

• 57-202 to 57-204:

        History:   L. 1939, ch. 306, §§ 2 to 4; Repealed, L. 1943, ch. 212, § 3; June 28.

• 57-205: Copy and affidavit to be filed. Any person issuing a blanket license for performance rights shall file with the secretary of state within thirty days from the date such blanket license is issued a true and complete copy of each such license issued or sold with respect to performance within this state, together with the affidavit of such person that such copy is a true and complete copy of the original and that it sets forth each and every agreement between the parties thereto with respect to such performing rights.

        History:   L. 1939, ch. 306, § 5; June 24.

• 57-206: Service of process; duties of secretary of state. Before entering into any blanket license as herein defined, the owner of said performing rights shall execute and deliver to the secretary of state, on a form to be furnished by the secretary of state, an authorization empowering the secretary of state to accept service of process on such person in any action or proceeding, whether cognizable at law or in equity, arising under this act, and designating the address of such person until the same shall be changed by a new form similarly filed; and service of process may thereafter be effected in this state on such person in any such action or proceeding by serving the secretary of state with duplicate copies of such process; and immediately upon receipt thereof the secretary of state shall mail one of the duplicate copies by registered mail to the address of such person as stated on the authorization last filed by the person.

        History:   L. 1939, ch. 306, § 6; L. 1943, ch. 212, § 1; June 28.

• 57-207: Actions or proceedings; certified copies of lists, license agreements and other filed documents; fees; evidence. No person shall be entitled to commence or maintain any such action or proceeding in any court with respect to such performing rights, or to collect any compensation on account of any sale, license, or other disposition of such performing rights, in this state, except upon compliance with the provisions of this act. Copies, certified by the secretary of state as such, of each or all of license agreements, affidavits and other documents filed with the secretary of state pursuant to the requirements of this act, shall be furnished by the secretary of state to any person upon request at the prices regularly charged by the secretary of state for such work. Such certified copies shall be admitted in evidence in any action or proceeding in any court to the same extent as the original thereof.

        History:   L. 1939, ch. 306, § 7; L. 1943, ch. 212, § 2; June 28.

• 57-208: Gross receipts tax; payment; rules and regulations; blank forms. From and after the effective date of this act there is hereby levied, and there shall be collected, a tax, for the act or privilege of selling, licensing, or otherwise disposing of performing rights in such compositions in this state, in an amount equal to three percent of the gross receipts of all such sales, licenses or other dispositions of performing rights in this state, payable to the state treasurer on or before the fifteenth day of March, 1940, with respect to all such gross receipts for the portion of the calendar year 1939 after the effective date of this act, and annually thereafter, on or before the fifteenth of March of each succeeding year, with respect to the gross receipts of the preceding calendar year. The state treasurer shall adopt and publish rules and regulations not in conflict herewith, as well as a form of return and any other forms to carry out the provisions of this section.

        History:   L. 1939, ch. 306, § 8; June 24.

• 57-209, 57-210:

        History:   L. 1939, ch. 306, §§ 9, 10; Repealed, L. 1943, ch. 212, § 3; June 28.

• 57-211: Prior contracts or licenses not affected. Nothing contained in this act shall be so construed as to impair or affect the obligation of any contract or license which was lawfully entered into prior to the effective date of this act.

        History:   L. 1939, ch. 306, § 11; June 24.

• 57-212: Invalidity of part. If any section, sentence, clause or word of this act shall be held to be unconstitutional, the invalidity of such section, sentence, clause or word shall not affect the validity of any other portion of this act, it being the intent of this legislature to enact each of the provisions of this act insofar as they conform to the constitution of this state and of the United States.

        History:   L. 1939, ch. 306, § 12; June 24.

• 57-213 to 57-220: Reserved.
• 57-221: Definitions. As used in this section:

        (a)   "Copyright owner" means the owner of a copyright of a nondramatic musical work, other than a motion picture or other audio visual work, recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code.

        (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, hotel, bar, tavern, sports or entertainment facility; a not-for-profit organization; 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 license fees payable by a proprietor to a performing rights society for the public performance of nondramatic musical works.

        History:   L. 1996, ch. 102, § 1; July 1.

• 57-222: Required information. 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, the society provides to the proprietor, in writing, the following:

        (a)   A schedule of the rates and terms of royalties under the contract;

        (b)   upon request of the proprietor, the opportunity to review the most currently available list of the members or affiliates represented by the performing rights society; and

        (c)   notice that it will make available, upon request of any proprietor, at the sole expense of the proprietor, the most currently available list of the copyrighted musical works in the performing rights society's repertory, provided the notice shall include a toll-free telephone number and shall specify the means by which such information may be secured.

        History:   L. 1996, ch. 102, § 2; July 1.

• 57-223: Contents. Every contract for the payment of royalties between a proprietor and a performing rights society executed in this state 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 the 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.

        History:   L. 1996, ch. 102, § 3; July 1.

• 57-224: Prohibited acts. (a) No agent or employee of a performing rights society shall:

        (1)   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 the agent or employee to the proprietor or the proprietor's employees; or

        (2)   collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of this act.

        (b)   Nothing in this act shall be construed to prohibit a performing rights society from informing the proprietor of the proprietor's obligations under the federal copyright law, title 17 of the United States Code.

        History:   L. 1996, ch. 102, § 4; July 1.

• 57-225: Remedies. Any person who suffers a violation of this act may bring an action to recover actual damages and reasonable attorney fees, and seek an injunction and any other available remedy.

        History:   L. 1996, ch. 102, § 5; July 1.

• 57-226: Act supplemental to other law. The rights, remedies and prohibitions accorded by the provisions of this act shall be in addition to and cumulative of any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state, and nothing contained in this section shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.

        History:   L. 1996, ch. 102, § 6; July 1.

• 57-227: Exemptions. This act shall not apply to:

        (a)   Investigations by law enforcement officers or other persons concerning a suspected violation of K.S.A. 21-3750 and amendments thereto; or

        (b)   contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission or contracts with cable operators, programmers or other transmission services.

        History:   L. 1996, ch. 102, § 7; July 1.