West Virgina

Written By Lani Eclatt

PROs must provide business proprietors with annual notice of royalty or fee rates and how those fees are calculated. This requirement can be met by either:

  • Publishing a legal notice in a qualifying newspaper with at least 40,000 circulation

  • Filing the information with the Secretary of State

  • If the PRO fails to meet this notice requirement and no contract exists, the proprietor has a complete legal defense against any royalty collection claims

Exemptions

This statute does not apply to:

  • Contracts with FCC-licensed broadcasters (unless the PRO is also FCC-licensed)

  • Investigations under Section 50, Article 3, Chapter 61 of the state code

Lani Eclatt
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