North Dakota

Before offering or entering into a contract, a PRO must agree to provide information about specific works upon request—either at the proprietor’s place of business or electronically—and must allow the proprietor to review the most current list of members or affiliates.

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 address

• Duration of the contract

• The rate schedule

PROs and their agents:

• May not enter a proprietor’s premises to discuss royalties without first identifying themselves; upon request, agents must show photo ID issued by the PRO and disclose their purpose

• May not engage in coercive, deceptive, or unfair negotiation tactics

• Must comply with their statutory obligations, though they may still investigate music use and inform proprietors of their copyright obligations

Remedies for Violations

Violations allow for remedies including actual damages, attorney fees, and injunctions. This statute does not apply to FCC-licensed broadcasters, cable operators, programmers, audiovisual synchronization uses, or law enforcement investigations under § 47-21.1-03.