2023 Illinois Compiled Statutes › Chapter 815 - BUSINESS TRANSACTIONS › 815 ILCS 637/ - Music Licensing Fees Act.

(815 ILCS 637/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Music Licensing Fees Act.
(Source: P.A. 89-114, eff. 1-1-96.)
(815 ILCS 637/5)
Sec. 5. 
		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 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.
"Proprietor" means the owner of a retail establishment, restaurant, inn, bar,
tavern, or any other similar place of business located in this State
in which the public may assemble and in which
nondramatic musical works may be performed,
broadcast, or otherwise transmitted.
"Royalty" or "royalties" means the license fees payable by a proprietor to a
performing rights society for the public performance of nondramatic musical
works.
(Source: P.A. 89-114, eff. 1-1-96.)
(815 ILCS 637/10)
Sec. 10. 
		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, the
following:
(1) A schedule of the rates and terms of royalties under the contract;
(2) Upon the request of the proprietor, the opportunity to review the most
current available list of the members or affiliates represented by the society;
and
(3) Notice that it will make available, upon written request of any
proprietor, at the sole expense of the proprietor, the most current available
listing of the copyrighted musical works in the performing rights society's
repertory, provided that the notice shall specify the means by which such
information can be secured.
(Source: P.A. 89-114, eff. 1-1-96.)
(815 ILCS 637/15)
Sec. 15. 
		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     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 rates for the duration of the contract.
(Source: P.A. 89-114, eff. 1-1-96.)
(815 ILCS 637/20)
Sec. 20. 
		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. 1-1-96.)
(815 ILCS 637/25)
Sec. 25. 
		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. 89-114, eff. 1-1-96.)
(815 ILCS 637/30)
Sec. 30. 
		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.)
(815 ILCS 637/35)
Sec. 35. 
		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 statutory right, remedy, or prohibition.
(Source: P.A. 89-114, eff. 1-1-96.)
(815 ILCS 637/40)
Sec. 40. 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 synchronization with an audio/visual film or tape,
or to the gathering of information for determination of compliance with or
activities related to the enforcement of Sections 16-7 and 16-8 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(815 ILCS 637/99)
Sec. 99. 
		Effective date. 
		This Act takes effect January 1, 1996.
(Source: P.A. 89-114, eff. 1-1-96.)