California

Contract and Conduct Requirements

At least 72 hours before executing a royalty contract, a PRO must provide written notice of the contract’s rates, terms, and related rights. They must also electronically provide an up-to-date list of members and licensed works. Contracts must be in writing, signed, and include business and contract details.

PRO agents are prohibited from discussing contracts without identifying themselves, using coercive or fraudulent tactics, or violating statutory provisions. However, PROs may investigate music usage and inform proprietors of federal obligations.

Remedies for Violations

Willful violations carry a $5,000 fine per offense. Proprietors can sue for violations and may recover treble damages, costs, and attorney’s fees. The chapter supplements other legal rights and does not apply to contracts with FCC-licensed broadcasters or to conduct enforcing certain criminal laws.