HB 17-1092

HB 17-1092, a Colorado bill about retail establishments and performing rights societies, aims to protect businesses that play music by giving them more time to review contracts and ensuring they don't get charged for already licensed performances. It also requires these societies to publish their contract forms and fee schedules online so businesses can easily access this information. The bill increases the minimum damages a business can claim if a society violates the law from $1,000 to $2,000. This affects proprietors of retail establishments who use music in their stores and the performing rights organizations that license such performances. Since it has been signed into law, these changes are now enforceable by Colorado's legal system.

Official Summary

Section 1 of the bill expands the law covering contracts between performing rights societies and proprietors of retail establishments to cover investigations and negotiations between the two. Current law gives a retail establishment 72 hours to consider and to rescind a contract with a performing rights society. Section 2 changes this standard to 3 business days. Section 2 also clarifies that the law governing these negotiations and contracts applies to representatives of these societies. Finally, the societies are prohibited from charging a proprietor for performances that are already licensed for the performance. Section 3 raises the minimum statutory damages from $1,000 to $2,000 for violating the statutes covering performing rights societies. Section 4 : Requires a performing rights society to publish and file with the secretary of state its form contracts and a schedule of fees it charges a proprietor to license music for public performance. A link to the schedule must be filed with the secretary of state, who publishes the link. Upon request from the secretary of state, requires each performing rights society to provide information concerning a proprietor's rights and duties for public performances. The secretary of state must post the information on the secretary's website. Requires a performing rights society to publish a catalog of musical works the society licenses. A link to the catalog must be filed with the secretary of state, who publishes the link. Section 5 authorizes the secretary of state to collect filing fees for the filings required by the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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