Colorado

Scope and Applicability

Article 13 applies to contracts and related negotiations between PROs and proprietors. It supplements existing state, federal, and common law. It does not apply to contracts with FCC-licensed broadcasters or conduct under specific criminal statutes.

Pre-Contract Requirements

PROs must provide proprietors with written notice at least three business days before executing a royalty contract, including:

• Royalty rules, rates, and terms

• A schedule of rates from existing agreements

• Information on how to access a current list of represented copyright owners and licensed works (available electronically within 14 days at cost)

• A notice (in a form approved by the attorney general) outlining these rights and penalties for noncompliance

Proprietors may waive the three-day review period voluntarily and may rescind a signed contract within three business days.

Contract Requirements

Contracts must be written, signed, and include:

• Proprietor’s name and location

• PRO’s name and address

• Duration (max one year, renewable)

• Full royalty terms including rate changes

• A clause prohibiting royalty charges for performances already covered under another entity’s license

Disclosure & Filing Requirements

PROs must:

• File license templates, rates, and repertory lists with the Secretary of State

• Make this information accessible via a public link

• Provide information on proprietor rights if requested by the Secretary of State

• Publish and regularly update a public list of licensed nondramatic works performed in retail establishments

Enforcement

PROs cannot contract under Article 13 unless disclosures and filings are complete. The required contract and repertory disclosures are considered material under consumer protection law.