PROHIBITED CONDUCT.

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48-1305. PROHIBITED CONDUCT. No performing rights society or any agent or employee thereof shall:

(1) Enter onto the premises of a proprietor’s business for the purpose of discussing or inquiring about a contract for the payment of royalties with the proprietor or his employees, without first identifying himself to the proprietor or his employees and making known to them the purpose of the discussion or inquiry;

(2) Engage in any coercive conduct, act or practice that is substantially disruptive to a proprietor’s business;

(3) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or

(4) Fail to comply with or fulfill the obligations imposed by sections 48-1303 and 48-1304, Idaho Code. However, nothing in this chapter 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 copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.S.C. sec. 101 et seq.).

History:

[48-1305, added 1996, ch. 330, sec. 1, p. 1125.]


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