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.