reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8A - Consignment of Works of Fine Art › Section 11-8A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Art dealer” means an individual, partnership, firm, association, or corporation, other than a public auctioneer, that undertakes to sell a work of fine art created by someone else.
(c)    “Artist” means the creator of a work of fine art.
(d)    “On consignment” means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer other than at a public auction.
(e)    “Work of fine art” means an original art work which is:
(1)    A visual rendition including a painting, drawing, sculpture, mosaic, or photograph;
(2)    A work of calligraphy;
(3)    A work of graphic art including an etching, lithograph, offset print, or silk screen;
(4)    A craft work in materials including clay, textile, fiber, wood, metal, plastic, or glass; or
(5)    A work in mixed media including a collage or a work consisting of any combination of works included in this subsection.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8A - Consignment of Works of Fine Art › Section 11-8A-02 - Art Dealer as Bailee of Artist; Work of Fine Art and Proceeds of Sale as Bailment Property

If an art dealer accepts a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist:
(1)    The art dealer is, with respect to that work of fine art, the bailee of the artist;
(2)    The work of fine art is bailment property in which the art dealer has no legal or equitable interest until the work is sold to a bona fide third party; and
(3)    The proceeds of the sale of the work of fine art are bailment property in which the art dealer has no legal or equitable interest until the amount due the artist from the sale, minus the agreed commission, is paid.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8A - Consignment of Works of Fine Art › Section 11-8A-03 - Period During Which Work of Fine Art Remains Bailment Property

Notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer’s own account, a work of fine art that is bailment property when initially accepted by the art dealer remains bailment property until the purchase price, minus the agreed upon commission, is paid in full to the artist.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 9 - Miscellaneous Provisions › Section 11-902 - Rental Electric Storage Batteries

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Attached” means printed, painted, stamped, burned, or otherwise placed on or attached to.
(3)    “Battery” means an electric storage battery which has an identification mark attached to it.
(4)    “Identification mark” means:
(i)    The word “rental”; or
(ii)    Any other word, mark, device, or character which is attached to a battery to identify its ownership.
(b)    A person may not remove, deface, alter, or destroy or cause to be removed, defaced, altered, or destroyed any identification mark attached to a battery which he does not own.
(c)    A person other than the owner may not dispose of, sell, deliver, or give or attempt to dispose of, sell, deliver, or give any battery to any person except its owner.
(d)    Except in an emergency, a person may not recharge any battery without the consent of its owner or his authorized agent or employee.
(e)    A person may not retain possession of a battery for more than 30 days after the owner demands the return of the battery by registered or certified mail.
(f)    Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 9 - Miscellaneous Provisions › Section 11-903 - Convict Made Goods

(a)    In this section, “goods” includes wares or merchandise.
(b)    The provisions of this section do not apply to goods which are:
(1)    Produced, manufactured, or mined by convicts and prisoners on parole or probation; or
(2)    Shipped into the State for sale to or exchange with:
(i)    The State or any of its political subdivisions; or
(ii)    A State aided, owned, controlled, or managed public or quasi–public institution or agency.
(c)    Except as provided in subsection (b) of this section, goods manufactured or produced, wholly or in part, or mined by convicts or prisoners of the United States or of a territory, district, or other state of the United States may not be shipped into the State for sale on the open market.
(d)    Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 60 days or both.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 9 - Miscellaneous Provisions › Section 11-905 - Supervision of Animals in Care of Veterinarians or Commercial Boarding Kennel Operators

(a)    In this section, “premises” means the land and the structures erected on it which are used for the commercial boarding of animals.
(b)    A veterinarian, as defined in § 2-301(h) of the Agriculture Article, or a commercial boarding kennel operator who does not provide 24-hour supervision by a person physically on the premises to an animal under the care or custody of the veterinarian or the commercial boarding kennel operator shall provide written notification to the owner of the animal advising the owner of the lack of 24-hour supervision.
(c)    Any person who violates the provisions of this section, or any regulation adopted to implement the provisions of this section, is subject to a fine not exceeding $50, in an action in the District Court in the State of Maryland.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 10 - Hulls of Vessels › Section 11-1001 - Duplicating Vessel Hulls

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Direct molding process” means any process by which a hull of a vessel or component of the hull of a vessel is used as a plug for the making of a mold from which a duplication of the hull or component of the hull is made.
(3)    “Mold” means any pattern, hollow form, matrix, or other device for giving shape or form to material in a plastic or molten state.
(4)    “Plug” means a manufactured item used to make a mold.
(5)    (i)    “Vessel” means every description of watercraft that is used or capable of being used as a means of transportation on water or ice.
(ii)    “Vessel” includes:
1.    An iceboat; and
2.    The motor, spars, sails, and accessories of a vessel.
(iii)    “Vessel” does not include a seaplane.
(b)    A person may not duplicate or misappropriate for commercial purposes by copying or using the direct molding process the design of a hull of a vessel or any component of the hull of a vessel manufactured by another person without the prior written consent of the other person.
(c)    If a person knew or should have known that a hull of a vessel or any component of the hull of a vessel was duplicated or misappropriated for commercial purposes in violation of subsection (b) of this section, the person may not sell in this State the vessel that was manufactured in violation of subsection (b) of this section.
(d)    Any person who is injured in the person’s business by virtue of any violation of subsection (b) or subsection (c) of this section:
(1)    May sue and recover three times the amount of damages incurred by virtue of the violation, the costs of the suit, and reasonable attorney’s fees; and
(2)    May sue for injunctive relief and a court of competent jurisdiction may grant the injunctive relief regardless of whether the person proves irreparable injury because of the violation.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 11 - Distress Sales › Section 11-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Advertise” means to publish, circulate, disseminate, or place before the public through any print or broadcast medium for the purpose of the sale of goods or services.
(2)    “Advertise” includes to advertise by outside or inside signs, handbills, or price tags.
(c)    (1)    “Distress sale” means a sale that is conducted and represented through advertising that the sale is being held or required for reasons of:
(i)    Economic or business distress;
(ii)    Inability to continue business at the same location; or
(iii)    Any expression that conveys to the public the information or belief that on disposal of the goods, the business will cease, be discontinued, vacated, transferred, or surrendered to a successor in business or a different principal owner and conducted under a new name.
(2)    “Distress sale” includes:
(i)    A “going out of business sale”, “closing out sale”, “liquidation sale”, “lost our lease sale”, or “must vacate sale”; or
(ii)    A sale of goods damaged by fire, smoke, or water.
(d)    (1)    “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(2)    “Person” includes a liquidation service.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 11 - Distress Sales › Section 11-1103 - Prohibited Activities

A person who advertises and conducts a distress sale may not:
(1)    Conduct the distress sale for more than 60 days from the first day of the sale;
(2)    Order and receive any goods for the purpose of selling the goods at the distress sale; and
(3)    Sell goods at the distress sale that are not listed in the record of inventory required under § 11-1104 of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 11 - Distress Sales › Section 11-1104 - Record of Inventory

(a)    Before a distress sale, a person shall compile a complete and detailed record of the inventory that is to be sold at the distress sale, including:
(1)    A description of each item;
(2)    The approximate quantity of each item; and
(3)    The regular price and the proposed sale price of each item.
(b)    The record of inventory required under subsection (a) of this section shall be open for inspection by the Division of Consumer Protection in the Office of the Attorney General at any time during normal business hours.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 11 - Distress Sales › Section 11-1105 - Minimum Standards; Enforcement of Subtitle

(a)    This subtitle provides minimum standards to protect consumers in the State.
(b)    A county, a municipality, or an agency of a county or municipality may adopt standards concerning distress sales, within the scope of its authority, only if the standards:
(1)    Are at least as stringent as the provisions of this subtitle; and
(2)    Are not inconsistent with the provisions of this subtitle.
(c)    This subtitle is enforceable under Title 13 of this article or by any appropriate local jurisdiction.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 12 - Maryland Uniform Trade Secrets Act › Section 11-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(c)    “Misappropriation” means the:
(1)    Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(2)    Disclosure or use of a trade secret of another without express or implied consent by a person who:
(i)    Used improper means to acquire knowledge of the trade secret; or
(ii)    At the time of disclosure or use, knew or had reason to know that the person’s knowledge of the trade secret was:
1.    Derived from or through a person who had utilized improper means to acquire it;
2.    Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
3.    Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii)    Before a material change of the person’s position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(d)    “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(e)    “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(1)    Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(2)    Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 12 - Maryland Uniform Trade Secrets Act › Section 11-1202 - Misappropriation of Trade Secrets May Be Enjoined

(a)    Actual or threatened misappropriation may be enjoined.
(b)    Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(c)    In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited.
(d)    In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
(e)    In this section, “exceptional circumstances” includes a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 12 - Maryland Uniform Trade Secrets Act › Section 11-1203 - Right to Damages

(a)    Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation.
(b)    Damages under this subtitle may include:
(1)    The actual loss caused by misappropriation; and
(2)    The unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.
(c)    In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.
(d)    If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this section.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 12 - Maryland Uniform Trade Secrets Act › Section 11-1204 - Award of Attorney's Fees

The court may award reasonable attorney’s fees to the prevailing party if:
(1)    A claim of misappropriation is made in bad faith;
(2)    A motion to terminate an injunction is made or resisted in bad faith; or
(3)    Willful and malicious misappropriation exists.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 12 - Maryland Uniform Trade Secrets Act › Section 11-1205 - Preservation of Trade Secret During Action

In an action under this subtitle, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 12 - Maryland Uniform Trade Secrets Act › Section 11-1206 - Limitations

(a)    An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
(b)    For the purposes of this section, a continuing misappropriation constitutes a single claim.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 12 - Maryland Uniform Trade Secrets Act › Section 11-1207 - Subtitle Constitutes Exclusive Remedy

(a)    Except as provided in subsection (b) of this section, this subtitle displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.
(b)    (1)    This subtitle does not affect:
(i)    Contractual remedies, whether or not based upon misappropriation of a trade secret;
(ii)    Other civil remedies that are not based upon misappropriation of a trade secret; or
(iii)    Criminal remedies, whether or not based upon misappropriation of a trade secret.
(2)    Nothing contained in this act may be applied or construed to waive or limit any common law or statutory defense or immunity possessed by State personnel as defined under § 12-101 of the State Government Article.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 13 - Maryland Fair Distributorship Act › Section 11-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Agreement” means a contract or other agreement between a grantor and a distributor.
(c)    (1)    “Cancel” means to terminate an agreement prior to the natural expiration date of its term.
(2)    “Cancel” includes a de facto cancellation.
(d)    “Commercial goods” means, as those terms are defined in the wholesale trade section of the 1987 edition of the federal Office of Management and Budget’s Standard Industrial Classification Manual, durable goods, except for:
(1)    Motor vehicles and motor vehicle parts and supplies;
(2)    Furniture;
(3)    Office equipment, computers, computer peripheral equipment, and software; and
(4)    Prerecorded tapes, cassettes, film, and videos and books or other similar items for which copyright protection might be available.
(e)    “De facto cancellation” means actions taken by the grantor that:
(1)    Materially alter the competitive business and economic conditions of a distributor;
(2)    Are not applicable to similarly situated distributors of that grantor’s products; and
(3)    Are intended to be discriminatory and detrimental to the distributor.
(f)    “Deficiency” means the failure of a distributor to comply substantially with the fair, reasonable, and material requirements imposed or sought to be imposed on the distributor by the grantor.
(g)    (1)    “Distributor” means a person:
(i)    Whose primary business is the wholesale distribution of commercial goods for resale;
(ii)    Who maintains an inventory of commercial goods for resale;
(iii)    Who has been granted either expressly or implicitly the right to sell or distribute a grantor’s commercial goods in Maryland for resale to retailers or other resellers or to an industrial or commercial manufacturer; and
(iv)    Who conducts a substantial business in Maryland.
(2)    “Distributor” does not include:
(i)    A sales representative that does not maintain an inventory of commercial goods; or
(ii)    A direct seller whose work is exempt from covered employment under § 8-206(b) of the Labor and Employment Article.
(h)    “Grantor” means a person, including a manufacturer, that grants distribution and sales rights to a distributor.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 13 - Maryland Fair Distributorship Act › Section 11-1302 - Applicability of Subtitle

(a)    This subtitle applies to any agreement under which a grantor’s commercial goods are distributed or sold in this State.
(b)    Notwithstanding any other provision of this subtitle, this subtitle does not apply to:
(1)    A seller of business opportunities regulated under the Maryland Business Opportunity Sales Act, Title 14, Subtitle 1 of the Business Regulation Article;
(2)    A franchisor regulated under the Maryland Franchise Registration and Disclosure Law, Title 14, Subtitle 2 of the Business Regulation Article;
(3)    A supplier regulated under the Equipment Dealer Contract Act, Title 19 of this article;
(4)    A manufacturer, producer, or refiner of petroleum products that are motor fuels regulated under Title 10 of the Business Regulation Article;
(5)    A franchisor regulated under the Beer Franchise Fair Dealing Act; or
(6)    A manufacturer, producer, or supplier of wine or distilled spirits.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 13 - Maryland Fair Distributorship Act › Section 11-1302.1 - Grantor's Notification of Distributor's Failure to Comply

In addition to any other provision of this subtitle, when notifying a distributor of a proposed cancellation or nonrenewal of any agreement, a grantor shall provide a notice of the distributor’s failure to comply with a reasonable requirement of the agreement and an opportunity to cure or dispute the asserted deficiency.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 13 - Maryland Fair Distributorship Act › Section 11-1304 - Right of Repurchase; Time Requirements; Applicability Exceptions

(a)    Except as provided in subsection (c) of this section, on cancellation or nonrenewal of an agreement by a grantor for any reason, including a distributor’s failure to cure under § 11-1305 of this subtitle, the grantor shall have the right to, and must at the option of the distributor, repurchase all merchandise sold by the grantor to the distributor, and the distributor must sell the merchandise to the grantor, at a price equal to:
(1)    An amount agreed on by the parties; or
(2)    (i)    With respect to merchandise that is still in its original condition, is part of the grantor’s current product line, and was shipped within 6 months of the cancellation or nonrenewal, the purchase price paid by the distributor;
(ii)    With respect to all other merchandise, including samples, display models, and damaged merchandise, the wholesale fair market value of the merchandise less depreciation, or the purchase price paid by the distributor, whichever is less; and
(iii)    With respect to special tools, accessories, display equipment, and other similar items, the purchase price paid by the distributor, less depreciation, or an amount agreed upon by the parties.
(b)    The repurchase requirements under subsection (a) of this section shall be completed within 30 days after the effective date of cancellation or nonrenewal, unless the parties agree otherwise.
(c)    The distributor’s option to repurchase under subsection (a) of this section does not apply if the reason for cancellation or nonrenewal includes any of the reasons listed in § 11-1303(d) of this subtitle.
(d)    Repurchase of inventory under this section is not subject to the bulk transfers provisions of Title 6 of this article.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 13 - Maryland Fair Distributorship Act › Section 11-1305 - Deficiencies in Notice; Plan for Correction; Cure

(a)    If the grantor identified deficiencies on the part of the distributor in the notice under § 11-1303(b)(2)(ii) of this subtitle and if a distributor opposes the cancellation or nonrenewal of an agreement, the distributor shall be permitted to attempt to resolve its differences with the grantor by:
(1)    Within 30 days after the receipt of the notice of cancellation or nonrenewal, filing with the grantor a notice of intention to oppose the cancellation or nonrenewal; and
(2)    Implementing a plan, as approved by the grantor, for the correction of the deficiencies described by the grantor as constituting the reasons for the cancellation or nonrenewal.
(b)    The grantor and distributor must make good faith efforts to mutually adopt the plan described in subsection (a)(2) of this section.
(c)    Unless otherwise mutually agreed by the parties, the plan described in subsection (a)(2) of this section must be implemented within 60 days of its acceptance by the grantor.
(d)    A notice of cancellation or nonrenewal shall be ineffective if the distributor implements the plan described in subsection (a)(2) of this section.
(e)    A cancellation or nonrenewal shall be effective immediately upon the expiration of the period provided in subsection (c) of this section if the distributor fails to implement the plan described in subsection (a)(2) of this section.
(f)    Nothing in this section shall permit a distributor to attempt to cure if the only reasons identified by the grantor in the notice required under § 11-1303(b)(2)(ii) of this subtitle are reasons that are not curable by the distributor.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 13 - Maryland Fair Distributorship Act › Section 11-1306 - Arbitration

If a dispute arises between the grantor and the distributor relating to the application of this subtitle, the requirements of § 11-1302.1 of this subtitle, the notice of cancellation or nonrenewal, the plan for the correction of the deficiencies described by the grantor as the reasons for cancellation or nonrenewal, whether or not the distributor has complied with the plan and corrected the deficiencies described by the grantor as the reasons for cancellation or nonrenewal, or the purchase price or fair market value of any merchandise subject to repurchase under § 11-1304 of this subtitle, the grantor and distributor on the request of either party shall submit the dispute to arbitration in the State under the Maryland Uniform Arbitration Act.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 13 - Maryland Fair Distributorship Act › Section 11-1307 - Applicability of State Law to Certain Distributorship Agreements; Legal and Equitable Remedies

(a)    The laws of the State shall apply to agreements under this subtitle to which a distributor with a principal place of business in the State is a party. This subtitle shall be construed to provide the minimum terms and conditions applicable to grantors and distributors covered by this subtitle.
(b)    This subtitle does not limit or restrict the rights of a grantor or distributor at any time to seek in the State all legal and equitable remedies for any violation of this subtitle or any material breach of an agreement.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 14 - Copyright Royalties › Section 11-1401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Area” means a circular geographic region having a 25-mile radius surrounding each business location of a proprietor.
(c)    “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 pursuant to Title 17 of the United States Code.
(d)    “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.
(e)    “Proprietor” means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, 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 or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled.
(f)    “Royalty” or “royalties” means the fees payable by a proprietor to a performing rights society for the public performance of nondramatic musical or other similar works.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 14 - Copyright Royalties › Section 11-1402 - Contract Between Performing Rights Society and Proprietor for Payment of Royalties -- in General

(a)    (1)    A performing rights society may not enter into or execute a contract for the payment of royalties by a proprietor unless, no later than 72 hours prior to the execution of the contract, the performing rights society provides to the proprietor, in writing, the following:
(i)    A schedule of the rates and terms of royalties under the contract;
(ii)    A schedule of the rates and terms of royalties under agreements executed by the performing rights society and proprietors of comparable businesses in the area;
(iii)    The toll free telephone number required under paragraph (2) of this subsection;
(iv)    In the case of a performing rights society which offers discounts to proprietors in the area on any basis, the amounts and terms of those discounts; and
(v)    Notice that the proprietor is entitled to the information required by this section, and that the failure of the performing rights society to provide that information is a violation of this subtitle and may render a contract unenforceable under this subtitle.
(2)    The performing rights society shall establish 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.
(b)    Every contract between a performing rights society and a proprietor for the payment of royalties executed or renewed in this State shall:
(1)    Be in writing;
(2)    Be signed by the parties to the contract; and
(3)    Include at least the following information:
(i)    The proprietor’s name and business address and the name and location of each place of business to which the contract applies;
(ii)    The name and business address of the performing rights society;
(iii)    The duration of the contract; and
(iv)    The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale, discount, or schedule for any increase or decrease of those rates for the duration of the contract.
(c)    (1)    Subject to paragraph (2) of this subsection, the performing rights society shall offer to the proprietor a 1-year contract.
(2)    The performing rights society and the proprietor may agree to a contract for other than 1 year.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 14 - Copyright Royalties › Section 11-1403 - Contract for Payment of Royalties -- Disclosures

(a)    Before discussing a contract for the payment of royalties or the use of copyrighted works by a proprietor and before collecting or attempting to collect a royalty or fee under the contract, an agent or an employee of a performing rights society shall:
(1)    Disclose that the agent or employee is acting on behalf of a performing rights society;
(2)    Identify the performing rights society for which the agent or the employee acts; and
(3)    Disclose the purpose of the discussion.
(b)    A performing rights society or the agent or employee of the performing rights society may collect a royalty or any other fee only as provided in a contract executed in accordance with the provisions of this subtitle.
(c)    A performing rights society or the agent or employee of a performing rights society may not:
(1)    Use or attempt to use an unfair or deceptive act or practice in dealing or negotiating with a proprietor or the employee of a proprietor; or
(2)    Charge or collect a royalty which is unreasonable in comparison to the royalties for similar licenses in the same area.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 14 - Copyright Royalties › Section 11-1404 - Applicability of Subtitle

(a)    This subtitle applies only to performing rights societies.
(b)    This subtitle does not apply to:
(1)    Copyright owners of motion pictures or other audiovisual works distributed on any medium;
(2)    A contract between a performing rights society and a broadcaster licensed by the Federal Communications Commission;
(3)    A contract between a performing rights society and a cable operator or programmer; or
(4)    Any conduct undertaken for the purpose of enforcing § 7-308 of the Criminal Law Article.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 14 - Copyright Royalties › Section 11-1405 - Remedies

(a)    A person who violates any provision of this subtitle is liable to the person affected by the violation for actual damages caused by the violation and for reasonable attorney’s fees.
(b)    In addition to the remedies provided under subsection (a) of this section, a person affected by a violation of this subtitle may:
(1)    Bring an action for an injunction against any person who violates any provision of this subtitle; and
(2)    Seek any other remedy available at law.
(c)    The rights, remedies, and prohibitions provided under this subtitle shall be in addition to and cumulative of any other right, remedy, or prohibition provided under common law, federal law, or any other laws of this State, and nothing contained in this subtitle may be construed to deny, abrogate, or impair any such federal or State common-law or statutory right, remedy, or prohibition.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 15 - Truth in Music Advertising Act › Section 11-1501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Performing group” means a vocal or instrumental group seeking to use the name of a recording group.
(c)    “Recording group” means a vocal or instrumental group with at least one member who has:
(1)    Previously released a commercial sound recording under that group’s name; and
(2)    A legal right to use the group’s name due to the member’s use of or operation under the group’s name without having abandoned the name or affiliation with the group.
(d)    “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phonorecord, in which the sounds are embodied.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 15 - Truth in Music Advertising Act › Section 11-1502 - False Advertising or Conducting Live Musical Performance Prohibited

(a)    Except as provided in subsection (b) of this section, a person may not advertise or conduct a live musical performance or production in the State through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.
(b)    Subsection (a) of this section does not apply if:
(1)    The performing group is the authorized registrant and owner of a service mark for that group that is registered with the United States Patent and Trademark Office;
(2)    At least one member of the performing group was a member of the recording group and the member has a legal right to the recording group name due to the member’s use of or operation under the group name without having abandoned the recording group name or affiliation with the recording group;
(3)    The live musical performance or production is identified in all advertising and promotion as a salute, tribute, parody, or satire and the performing group name is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;
(4)    The advertising does not relate to a live musical performance or production in the State; or
(5)    The performance or production is expressly authorized by the recording group.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 15 - Truth in Music Advertising Act › Section 11-1503 - Remedies

(a)    If the Attorney General believes that a person has engaged in or will engage in a violation of § 11–1502 of this subtitle, and an injunction would be in the public interest, the Attorney General may seek an injunction to prohibit a person from continuing or engaging in the violation.
(b)    If a court issues a permanent injunction under subsection (a) of this section, the court may enter a judgment to restore to a person any money or real or personal property acquired from the person by means of any prohibited practice.
(c)    (1)    In addition to any relief granted under subsection (b) of this section, a person who violates § 11–1502 of this subtitle is subject to a civil penalty of not less than $5,000 or more than $15,000 for each violation.
(2)    Each performance or production in violation of § 11–1502 of this subtitle is considered a separate violation.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 16 - Bad Faith Assertions of Patent Infringement › Section 11-1601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Claim” means the scope of the patent owner’s exclusive rights to the use and control of the patent owner’s invention.
(c)    “Demand letter” means a letter, an electronic mail, or any other written communication asserting that a person has engaged in patent infringement.
(d)    “Division” means the Division of Consumer Protection of the Office of the Attorney General.
(e)    “Target” means a person:
(1)    Who has received a demand letter or against whom an assertion of patent infringement has been made;
(2)    Who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or
(3)    Who has at least one customer who has received a demand letter asserting that the person’s product, service, or technology has infringed a patent.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 16 - Bad Faith Assertions of Patent Infringement › Section 11-1605 - Civil Actions

(a)    In addition to any action by the Division or Attorney General authorized by Title 13 of this article, a target may bring an action in an appropriate court to recover for injury or loss sustained as a result of a violation of this subtitle.
(b)    If a target prevails in an action brought under this subtitle and is awarded damages, the court also may award:
(1)    Court costs and fees, including reasonable attorney’s fees;
(2)    Exemplary damages in an amount not to exceed the greater of:
(i)    $50,000; or
(ii)    Three times the total of damages, costs, and fees; and
(3)    Any equitable relief that the court considers appropriate.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 1 - Interest and Usury › Section 12-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Borrower” means a person who borrows money under this subtitle.
(c)    “Commercial loan” means a loan which is made:
(1)    Solely to acquire or carry on a business or commercial enterprise; or
(2)    To any business or commercial organization.
(d)    “Effective rate of simple interest” means the yield to maturity rate of interest received or to be received by a lender on the face amount of a loan, computed in accordance with § 12–107 of this subtitle.
(e)    “Interest” means, except as specifically provided in § 12–105 of this subtitle, any compensation directly or indirectly imposed by a lender for the extension of credit for the use or forebearance of money, including any loan fee, origination fee, service and carrying charge, investigator’s fee, time–price differential, and any amount payable as a discount or point or otherwise payable for services.
(f)    “Lender” means a licensee or a person who makes a loan subject to this subtitle.
(g)    “Licensee” means a person that is required to be licensed to make loans subject to this subtitle, regardless of whether the person is actually licensed.
(h)    (1)    “Loan” means a loan or an advance of money or credit subject to this subtitle, regardless of whether the loan or advance of money or credit is or purports to be made under this subtitle.
(2)    “Loan” does not include:
(i)    A loan or advance of money or credit subject to Subtitle 3 of this title, unless a written election is made under § 12–101.1 of this subtitle;
(ii)    A plan or loan for which a written election is made under Subtitle 3, Subtitle 4, Subtitle 9, or Subtitle 10 of this title; or
(iii)    An installment sale agreement as defined in § 12–601 of this title.
(h–1)    “Mobile home” has the meaning stated in § 11–501 of the Financial Institutions Article.
(i)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(j)    “Point” means a fee, premium, bonus, loan origination fee, service charge, or any other charge equal to 1 percent of the principal amount of a loan which is charged by the lender at or before the time the loan is made as additional compensation for the loan.
(k)    “Simple interest” means interest charged on the principal amount loaned to the borrower.
(l)    “Stated rate of interest” means the annual rate of interest stated in percentage which appears on the face of the bond, draft, mortgage, deed of trust, security agreement, promissory note, or other instrument which evidences the indebtedness.
(m)    “Usury” means the charging of interest by a lender in an amount which is greater than that allowed by this subtitle.
(n)    “Wages” means all remuneration paid to any employee for the employee’s employment, including the cash value of all remuneration paid in any medium other than cash.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 1 - Interest and Usury › Section 12-101.1 - Applicable Provisions Governing Loans

(a)    On or after January 1, 2019, a lender may, at the lender’s option, elect to make a loan to any borrower either under this subtitle or as otherwise authorized by applicable law.
(b)    If a lender makes a written election in the agreement, note, or other evidence of the loan specifying that this subtitle will govern the loan, Subtitles 3, 4, 5, 6, 9, and 10 of this title do not apply to the loan.
(c)    If a lender that makes or contracts to make a loan does not make a written election under this subtitle or Subtitle 3, Subtitle 4, Subtitle 9, or Subtitle 10 of this title, this subtitle still applies to the loan if the loan is:
(1)    For an amount over $25,000; or
(2)    (i)    For an amount of $25,000 or less; and
(ii)    Not subject to Subtitle 3 of this title.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 1 - Interest and Usury › Section 12-104 - Interest Not Considered Usurious

Interest at a rate otherwise allowed by this subtitle is not usurious solely because of any one or more of the following:
(1)    For a period of less than one year, interest is calculated on the premise that there are 360 days in the year and 30 days in each month, which may include the date of the loan and the date due or paid;
(2)    Interest on a periodic payment of principal is computed to the due date; or
(3)    Except for installment loans made under § 12-103(c) of this subtitle:
(i)    Interest-drop calculations are made on sums not in excess of multiples of $100, without regard to interim partial payments; or
(ii)    Interest-drop calculations are made on periods not in excess of one year, without regard to interim partial payments.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 1 - Interest and Usury › Section 12-106 - Statements to Be Furnished by Lender

(a)    This section does not apply to any loan:
(1)    Described in § 12-103(e) of this subtitle; or
(2)    Made under Title 18, Subtitle 10 of the Education Article.
(b)    (1)    Before the execution of a loan contract under this title, the lender shall furnish to the borrower a written statement which sets forth:
(i)    The total principal amount of the loan and the total amount of finance charge as defined in the federal Truth in Lending Act to be paid, stated in dollars, except that on loans payable on demand, the total amount of finance charge to be paid shall be stated on a per diem basis;
(ii)    The annual effective rate of simple interest charged, stated in percentage calculated to the nearest 0.2 percent; and
(iii)    The itemized amount of payments in addition to interest payable to the lender in connection with the loan at the time the loan is made, stated in dollars.
(2)    If the loan is made to two or more borrowers, delivery of the statement to one borrower is sufficient, but a copy of the statement shall be furnished to each other borrower.
(3)    Paragraphs (1)(i), (ii), and (iii) of this subsection do not apply to any loan subject to the disclosure provisions of the federal Truth in Lending Act, if the lender complies with the applicable disclosure provisions of the federal act and its regulations.
(4)    A statement that complies with the applicable disclosure provisions of the federal Truth in Lending Act is sufficient to meet the requirements of this title.
(c)    At least annually and, on request of the borrower, at any other reasonable time or interval, a lender who receives scheduled monthly periodic payments on more than five loans secured by an interest in real property shall furnish to the borrower a written statement informing the borrower of the amount of:
(1)    Payments credited to reducing the principal;
(2)    Payments credited to interest as defined in this subtitle; and
(3)    The remaining unpaid principal balance.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 1 - Interest and Usury › Section 12-106.1 - Requiring False Statement That Loan Is Commercial Loan

(a)    A person may not require a borrower, as a condition to receiving a loan, to make any false or misleading statement or characterization that a loan is a commercial loan under § 12–101(c), § 12–103(e), or § 12–105 of this subtitle or § 12–401(i)(3) of this title if the loan is not a commercial loan.
(b)    (1)    Except as provided in paragraph (2) of this subsection, any person who willfully requires a borrower to make a false or misleading statement in violation of subsection (a) of this section, or who willfully procures such statement, knowing that it is false or misleading, shall forfeit to the borrower three times the amount of interest and charges contracted for or collected in excess of that permitted by law, in addition to any other penalty otherwise provided in this title.
(2)    When a loan obtained by a borrower is not subject to restrictions imposed by law on the maximum amount of a finance charge and interest, any person who willfully requires a borrower to make a false or misleading statement in violation of subsection (a) of this section, or who willfully procures such statement, knowing that it is false or misleading, shall forfeit the finance charge or interest, brokerage fees, points, or any other charges or fees in addition to any other penalty otherwise provided in this title.
(3)    This section may not affect the rebuttable presumption that the loan was made for commercial purposes.
(c)    If a written complaint for violation of this section is filed with the Consumer Protection Division of the Office of the Attorney General, the Office may investigate the complaint and hold a hearing in accordance with Title 13 of this article.