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Chapter 47     Entire Code


ARTICLE 1. WEIGHTS AND MEASURES.

ARTICLE 1A. REGULATION AND CONTROL OF BEDDING AND UPHOLSTERY BUSINESSES.

ARTICLE 2. TRADEMARKS IN GENERAL.

ARTICLE 3. TRADEMARKS OF DEALERS IN LIQUIDS.

ARTICLE 4. BRANDS OF TIMBER DEALERS.

ARTICLE 5. SAFETY GLAZING MATERIALS.

ARTICLE 6. MONEY AND INTEREST.

ARTICLE 7. LICENSED LOANS OF SMALL AMOUNTS.

ARTICLE 7A. SMALL LOANS.

ARTICLE 8. TRADE NAMES.

ARTICLE 8A. UNIFORM PARTNERSHIP ACT.

ARTICLE 9. UNIFORM LIMITED PARTNERSHIP ACT.

ARTICLE 9A. VOLUNTARY ASSOCIATIONS AND BUSINESS TRUSTS.

ARTICLE 10. LIQUID FUELS AND LUBRICATING OILS.

ARTICLE 11. FAIR TRADE ACT.

ARTICLE 11A. UNFAIR TRADE PRACTICES.

ARTICLE 11B. CLOSING-OUT SALES, FIRE SALES AND DEFUNCT BUSINESS SALES.

ARTICLE 11C. WEST VIRGINIA PETROLEUM PRODUCTS FRANCHISE ACT.

ARTICLE 11D. THE MOTION PICTURE FAIR COMPETITION ACT.

ARTICLE 11E. PHYSICIANS FREEDOM OF PRACTICE ACT.

ARTICLE 11F. FARM EQUIPMENT DEALER CONTRACT ACT.

ARTICLE 12. REAL ESTATE COMMISSION, BROKERS AND SALESPERSONS.

ARTICLE 13. CIGARETTE SALES ACT.

ARTICLE 14. PRENEED FUNERAL CONTRACTS.

ARTICLE 15. PYRAMID PROMOTIONAL SCHEME.

ARTICLE 16. COLLECTION AGENCIES.

ARTICLE 17. REGULATION OF MOTOR FUEL CONTRACTS.

ARTICLE 18. ANTITRUST ACT; RESTRAINT OF TRADE.

ARTICLE 19. DRUG PARAPHERNALIA.

ARTICLE 20. CHARITABLE BINGO.

ARTICLE 21. CHARITABLE RAFFLES.

ARTICLE 22. UNIFORM TRADE SECRETS ACT.

ARTICLE 23. CHARITABLE RAFFLE BOARDS AND GAMES.

ARTICLE 24. THE REVERSE MORTGAGE ENABLING ACT.

ARTICLE 25. REDUCED CIGARETTE IGNITION PROPENSITY.

ARTICLE 26. PAWNBROKERS.

ARTICLE 27. COURT REPORTER SERVICES.

ARTICLE 2A. COPYRIGHT PROTECTION.

§47-2A-1. Legislative findings.

The Legislature finds and declares that:

(a) Under the copyright laws of the United States, a copyright owner may enforce the rights thereof against the owners of restaurants, bars, retail establishments, entertainment and sports facilities and similar places of business where members of the public may assemble for the public performance of music and other similar copyrighted works, whether it be in person by a performing artist hired by the proprietor or on radio stations or other electronic media transmitted, received and rebroadcast by the proprietor at those places of business;

(b) The rights and responsibilities regarding copyrighted works are set forth in clause eight, section VIII, article I of the Constitution of the United States and governed statutorily by Title 17 of the United States code. The Legislature believes it is important that the State of West Virginia assist its business owners who utilize copyrighted materials and the creative artists of this state and elsewhere by ensuring that the holders of copyrights and those who use such materials are equitably treated.

§47-2A-2. Definitions.

As used in this article:

(1) "Copyright owner" means the owner of a copyright of a nondramatic musical or similar work, other that a motion picture or other audiovisual work, recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553.

(2) "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, broadcast music, inc., and SESAC, inc.

(3) "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or other entertainment facility or any other similar place of business located in this state in which the public may assemble to hear nondramatic musical works or similar copyrighted works be performed, broadcast or otherwise transmitted for the enjoyment of the members of the public there assembled.

(4) "Royalty" or "royalties" means the fees payable to the copyright owner or performing rights society for the public performance of nondramatic musical or other similar work.

§47-2A-3. Publication of royalty rates; notice requirement; sanctions for failure to publish.

(a) Any copyright owner or performing rights society seeking to charge a proprietor or proprietors a royalty or fee for the performance for the public of nondramatic musical or similar works, shall, at least annually provide notice of the royalty or fee rate and the means of its computation to said proprietor or proprietors.

(b) The notice referred to in subsection (a) of this section shall be satisfied if the copyright owner or performing rights society publishes the required information in a Class II-0 legal advertisement in a qualified newspaper published in this state with a bona fide circulation of forty thousand or more, or if the copyright owner or performing rights society files copies of its license agreements containing the information required under subsection (a) of this section with the Secretary of State's office.

(c) Failure of a copyright owner or performing rights society to meet the publication requirements of this section shall constitute a complete defense to any civil action brought by a copyright owner or performing rights society seeking to recover royalties in circumstances where no contract exists between such parties regarding royalties.

§47-2A-4. Applicability.

This article does not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission, except that if a copyright owner or performing rights society is licensed by the federal communications commission, this article shall apply to contracts between that copyright owner or performing rights society and a proprietor as otherwise provided herein. This article does not apply to any conduct engaged in for the enforcement of section fifty, article three, chapter sixty-one of this code.

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