New York

At the time of offer—but no later than 72 hours before executing a contract—a PRO must provide written notice that includes:

  • The rate schedule

  • An opportunity to review its list of members and affiliates

  • Notice that the proprietor (or their trade association) may request the current list of copyrighted works at their own expense, specifying how the information will be delivered

  • A toll-free number for inquiries about specific works

  • A statement that the PRO complies with federal and court-ordered rate and licensing requirements

Contract and Conduct Requirements

Contracts must be in writing, signed by both parties, and include:

  • The proprietor’s name, business address, and applicable location

  • The PRO’s name and addre

  • Contract duration

  • The rate schedule.

PROs and their agents:

  • May not collect royalties or fees not specified in the contract

  • Must identify themselves, the PRO they represent, and their purpose before discussing contracts on the premises

  • Must send a notice within 72 hours after conducting any investigation on-site, disclosing the PRO name, date of the visit, and the copyrighted work performed

Remedies for Violations

Violations allow proprietors to seek actual damages, attorney fees, and injunctive relief. This section does not apply to FCC-licensed broadcasters, cable operators, or law enforcement investigations.

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