{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-790","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-790","heading":"Copyright owners and performing rights societies - Royalty","body":"contracts.\n\nA. As used in this section:\n\n1. \"Area\" means a circular geographical region having a twenty-\n\nfive-mile radius surrounding the business location of a proprietor.\n\nIn the case of a proprietor with more than one business location,\n\nthere shall be a separate area for each location for the purposes of\n\nthis section;\n\n2. \"Copyright owner\" means the owner of a copyright of a\n\nnondramatic musical or similar work recognized and enforceable under\n\nthe copyright laws of the United States pursuant to Title 17 of the\n\nUnited States Code, Pub. L. 94-553 (17 U.S.C., Section 101 et seq.).\n\n\"Copyright owner\" shall not include the owner of a copyright in a\n\nmotion picture or audiovisual work, but shall include, but not be\n\nlimited to, the owner of a copyright in a karaoke machine or similar\n\ndevice;\n\n3. \"Performing rights society\" means an association or\n\ncorporation that licenses the public performance of nondramatic\n\nmusical works on behalf of copyright owners, such as the American\n\nSociety of Composers, Authors and Publishers (ASCAP), Broadcast\n\nMusic, Inc. (BMI), and SESAC, Inc.;\n\n4. \"Proprietor\" means the owner of a retail establishment,\n\nrestaurant, inn, bar, tavern, sports or entertainment facility, or\n\nany other similar place of business or professional office located\n\nin this state in which the public may assemble and in which\n\nnondramatic musical works or similar copyrighted works may be\n\nperformed, broadcast, or otherwise transmitted for the enjoyment of\n\nthe members of the public there assembled; and\n\n5. \"Royalty\" or \"royalties\" means the fees payable to a\n\ncopyright owner or performing rights society for the public\n\nperformance of nondramatic musical or other similar work.\n\nB. No copyright owner or performing rights society shall enter\n\ninto, or offer to enter into, a contract for the payment of\n\nroyalties by a proprietor unless at the time of the offer, or any\n\ntime thereafter, but no later than seventy-two (72) hours prior to\n\nthe execution of that contract, it provides to the proprietor, in\n\nwriting, the following:\n\n1. A schedule of the rates and terms of royalties under the\n\ncontract; and\n\n2. Annual notice, in a form prescribed by the Attorney General,\n\nthat the proprietor is entitled to the information contained in\n\nparagraph 1 of this subsection.\n\nC. Every contract for the payment of royalties executed in this\n\nstate shall:\n\n1. Be in writing;\n\n2. Be signed by the parties;\n\n3. Contain a provision requiring notification of any rate\n\nchange thirty (30) days prior to expiration date of the contract;\n\nand\n\n4. Include at least the following information:\n\na. the proprietor's name and business address and the\n\nname and location of each place of business to which\n\nthe contract applies,\n\nb. the duration of the contract, and\n\nc. the schedule of rates and terms of the royalties to be\n\ncollected under the contract, including any sliding\n\nscale or schedule for any increase or decrease of\n\nthose rates for the duration of the contract.\n\nD. No performing rights society, or any agent or employee\n\nthereof, shall:\n\n1. Enter beyond the usual customer area of a proprietor's\n\nbusiness for the purpose of investigating as to the use of\n\ncopyrighted works by that proprietor or for the purpose of\n\ndiscussing or inquiring about a contract for the payment of\n\nroyalties with the proprietor or employees of the proprietor,\n\nwithout first presenting proper identification as an agent or\n\nemployee of a performing rights society to the proprietor or\n\nemployees of the proprietor and making known to them the purpose of\n\nthe investigation, discussion or inquiry;\n\n2. Collect or attempt to collect a royalty payment or any other\n\nfee, except as provided in a contract executed pursuant to the\n\nprovisions of this section;\n\n3. Charge or collect a royalty which is unreasonable in\n\ncomparison to the royalties for similar licenses in the same area;\nor or\n\nemployees of the proprietor and making known to them the purpose of\n\nthe investigation, discussion or inquiry;\n\n2. Collect or attempt to collect a royalty payment or any other\n\nfee, except as provided in a contract executed pursuant to the\n\nprovisions of this section;\n\n3. Charge or collect a royalty which is unreasonable in\n\ncomparison to the royalties for similar licenses in the same area;\n\n4. Engage in any coercive conduct, act or practice that is\n\nsubstantially disruptive of a proprietor's business;\n\n5. Use or attempt to use any unfair or deceptive act or\n\npractice in negotiating with a proprietor; or\n\n6. Fail to comply with or fulfill any obligations imposed by\n\nthis section.\n\nE. Any person who violates any provision of this section shall\n\nbe liable to pay a penalty of not more than Two Thousand Five\n\nHundred Dollars ($2,500.00) for a first violation and a penalty of\n\nnot more than Ten Thousand Dollars ($10,000.00) for a second and\n\neach subsequent offense. The penalty shall be collected and\n\nenforced in the name of the state by the Attorney General in a court\n\nof competent jurisdiction.\n\nF. A proprietor may bring an action or assert a counterclaim in\n\na court of competent jurisdiction against a copyright owner or\n\nperforming rights society, or both, to enjoin any violation of this\n\nact and to recover any damages sustained by the proprietor as a\n\nresult of a violation of this section. The proprietor may petition\n\nthe court to terminate a contract which violates the provisions of\n\nthis section, and the court in its discretion may void the contract.\n\nIf successful, the proprietor shall be entitled to recover damages\n\nsustained by the proprietor, together with reasonable attorney fees,\n\nfiling fees and reasonable costs of suit, in addition to any other\n\nlegal or equitable relief.\n\nG. The rights, remedies and prohibitions accorded by the\n\nprovisions of this section shall be in addition to and cumulative of\n\nany other right, remedy or prohibition accorded by common law,\n\nfederal law or the statutes of this state, and nothing contained in\n\nthis section shall be construed to deny, abrogate or impair any such\n\ncommon law or statutory right, remedy or prohibition.\n\nH. This section shall not apply to:\n\n1. Contracts between copyright owners or performing rights\n\nsocieties and broadcasters licensed by the Federal Communications\n\nCommission, or to contracts with cable operators, programmers or\n\nother transmission services. However, if a copyright owner or\n\nperforming rights society is licensed by the Federal Communications\n\nCommission, this section shall apply to contracts between that\n\ncopyright owner or performing rights society and a proprietor as\n\notherwise provided;\n\n2. Any conduct engaged in for the enforcement of Sections 1979\n\nand 1980 of Title 21 of the Oklahoma Statutes; and\n\n3. Any performing philharmonic.","path":["OK Code","Title 15"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ecccfe0458f9709e5195c95dda6ca325e0ed19e1928c070bb0aed76b91a834ff","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-789","next":"us-ok/okla.-stat.-tit.-15-15-791"},"notice":"GroundRules: Original legal text. Not legal advice."}