Wyoming
In Wyoming, a performing rights organization (PRO) may not conduct business in the state unless it:
Annually files a copy of its licensing agreement with the Secretary of State
Issues licenses upon request to radio, TV, or music services in the state for performances of works in its repertory, allowing for instant or delayed use
Non-Discrimination & Licensing Terms
PROs must not charge higher or more inequitable rates in Wyoming than in other states.
Licensing must offer genuine economic choice with a variety of fee structures.
Blanket license fees are enforceable if they comply with all statutory provisions.
Each contract must be filed with the Secretary of State along with a $5 filing fee.
Prior contracts and blanket licenses made before this act remain unaffected.
Pre-Contract Requirements (72 hours before execution)
PROs must provide written notice of:
Rates and terms of royalties
The current list of members/affiliates (if requested)
The right to request the current list of licensed works (at the proprietor’s or trade association’s expense)
A toll-free number for inquiries
A statement confirming compliance with federal law and court orders regarding licensing terms
Contract Requirements
Contracts must be:
In writing and signed by both parties,
Include the proprietor’s name, business address, and location of use,
Include the PRO’s name and address, duration, and full rate schedule.
Conduct Restrictions
PROs and agents may not:
Collect royalties unless authorized by a contract (except for pre-July 1, 1996 contracts),
Enter a business to discuss licensing without identifying themselves, the PRO they represent, and their purpose.
Enforcement & Penalties
The Attorney General or County Attorney may bring actions for injunctions against violations or price-fixing and monopoly practices.
Violations are classified as high misdemeanors, punishable by up to $1,000 in fines, one year in jail, or both.
Proprietors may seek actual damages, attorney fees, injunctions, and other legal remedies.
Certain legal actions by the PRO, such as contesting proceedings or making legal appearances, are considered general appearances for jurisdictional purposes.