Oregon
Under Oregon law, all contracts with performing rights organizations (PROs) must be in writing, signed by both parties, and include:
The proprietor’s name, business address, and the business location covered by the contract,
The name of the PRO,
The duration of the contract,
The rate schedule and royalty terms, including any sliding scale or adjustment provisions.
Contract and Conduct Requirements
PROs must provide a contract template to the Secretary of State, though the state does not verify its legal compliance. PROs may not operate or collect royalties in Oregon unless authorized to do business in the state (unless exempt by law).
PROs and their agents are prohibited from:
Entering a business to discuss contracts without first identifying themselves and stating their purpose
Using abusive or obscene language
Contacting proprietors outside business hours or offsite unless agreed
Communicating with a proprietor after being directed to their attorney—unless the attorney fails to respond for 60+ days
Engaging in coercive, disruptive, unfair, or deceptive conduct
Failing to meet their legal obligations under ORS 647.705 and 647.710
Remedies for Violations
Violations allow any person to seek actual damages, injunctions, attorney fees, and other legal remedies. Courts may also impose civil fines up to $1,000 per willful violation. These provisions operate alongside other state, federal, and common laws.
The statute does not apply to:
FCC-licensed broadcasters,
Cable operators, programmers, or transmission services
Music used in synchronization with audiovisual works
PROs are still allowed to investigate music use and inform proprietors of their legal obligations.