New Jersey
PROs in the state must maintain a weekly updated list of their copyrighted works online and provide the electronic address to the Secretary of State. This list must be accessible through the Secretary of State’s office and is binding for the duration of any contract. A copy must be available upon request at a reasonable cost, and a toll-free number must be provided.
Contract and Conduct Requirements
At least 72 hours before executing a contract, the PRO must provide in writing:
The rates and terms of the royalty contract
Comparable royalty rates and terms for similar businesses in the same county (if requested)
Any discounts given in the same county
A notice referencing the relevant section of the act, including the PRO’s toll-free number and electronic address
Notice that the proprietor is entitled to this information and failure to provide it constitutes a violation
PROs must offer a one-year contract term unless another term is mutually agreed upon, or a trade association negotiates on behalf of a significant portion of similar proprietors.
Contracts must be in writing, signed by both parties, and include:
The proprietor’s name, business address, and covered location
The PRO’s name and address
Contract duration
Rate schedule
PRO agents must:
Identify themselves, their affiliation, and their purpose before entering the premises
Only collect fees authorized by the contract
Refrain from unfair, deceptive, or coercive practices
Not threaten legal action for copyright violation without also informing the proprietor of lawful compliance options (e.g., licensing, discontinuation, or obtaining permission from the copyright holder)
The act does not prevent PROs from informing proprietors of their copyright obligations.
Remedies for Violations
For violations, proprietors may seek actual damages, attorney fees, and legal costs. The act does not apply to contracts with FCC-licensed broadcasters (unless the PRO is also FCC-licensed) or to law enforcement actions under New Jersey’s criminal code (P.L.1991, c.125).