Title XIII, COMMERCE (Ch. 505 - 554I)

The secretary shall by rule adopted pursuant to chapter 17A prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable pursuant to this chapter are not refundable. 94 Acts, ch 1090, §17

This chapter may be cited as the “Music Licensing Fees Act” . 96 Acts, ch 1155, §1

As used in this chapter : 1. “Copyright owner” means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States under 17 U.S.C. §101 et seq. 2. “Performing rights society” means an association or corporation, in…

1. A performing rights society shall not enter onto the business premises of a proprietor for the purpose of discussing a contract for the payment of royalties for the public performance of copyrighted musical works by the proprietor unless the performing rights society first use…

A contract for the payment of royalties between a performing rights society and a proprietor executed in this state shall meet all of the following requirements: 1. Be in writing. 2. Be signed by the parties. 3. Include, at a minimum, the following information: a. The proprietor’…

A performing rights society shall not do any of the following: 1. Collect or attempt to collect from a proprietor licensed by that performing rights society, a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter . 2. Make a mislead…

This chapter shall not be construed to prohibit a performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor’s obligations under the federal copyright law, 17 U.S.C. §101 et seq. 96 …

A person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney fees and to seek an injunction or any other available remedy. 96 Acts, ch 1155, §7

The rights, remedies, and prohibitions contained in this chapter shall be in addition to and cumulative of any other right, remedy, or prohibition accorded by common law or state or federal law. This chapter shall not be construed to deny, abrogate, or impair any such common law …

This chapter shall not apply to a contract between a performing rights society or a copyright owner and a broadcaster licensed by the federal communications commission, or to a contract with a cable operator, programmer, or other transmission service. This chapter shall not apply…

This chapter shall be known and may be cited as the “Uniform Trade Secrets Act” . 90 Acts, ch 1201, §1

As used in this chapter , unless the context otherwise requires: 1. “Improper means” means theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage, including but not limited to espionage through an electronic device. 2. “Kno…

1. The owner of a trade secret may petition the district court to enjoin an actual or threatened misappropriation. Upon application to the district court, an injunction shall be terminated when the trade secret has ceased to exist. However, the injunction may be continued for an …

1. Except to the extent that a material and prejudicial change of a person’s position occurs prior to acquiring knowledge of a misappropriation and renders a monetary recovery inequitable, an owner of a trade secret is entitled to recover damages for the misappropriation. Damages…

In an action for injunctive relief or damages against a person under this chapter , it shall be a complete defense that the person disclosing a trade secret made the disclosure with the implied or express consent of the owner of the trade secret. 90 Acts, ch 1201, §5

The court may award actual and reasonable attorney fees to the prevailing party in an action under this chapter if any of the following is applicable: 1. A claim of misappropriation is made in bad faith. 2. A motion to terminate an injunction is made or resisted in bad faith. 3. …

In an action brought under this chapter , a court shall preserve the secrecy of an alleged trade secret by reasonable means, including but not limited to granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the ac…

An action for misappropriation under this chapter must be brought within three years after the misappropriation is discovered or should have been discovered by the exercise of reasonable diligence. For purposes of this section , a continuing misappropriation constitutes a single …

Any person, firm, company, association, or corporation, foreign or domestic, doing business in the state, and engaged in the production, manufacture, sale, or distribution of any commodity of commerce or commercial services excepting those, the rate of which is now subject to con…

Nothing in this chapter shall be construed as repealing any other Act, or part of an Act, but the remedies herein provided shall be cumulative to all other remedies provided by law. [S13, §5028-i; C24, 27, 31, 35, 39, § 9894; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §551.…

The provisions of this chapter shall not apply to any contract or agreement relating to any sale made to the state, its departments, commissions, agencies, boards and its governmental subdivisions. [C71, 73, 75, 77, 79, 81, §551.11 ]

Any person, firm, association, company, or corporation, foreign or domestic, doing business in the state, and engaged in the business of purchasing for manufacture, storage, sale, or distribution, any commodity of commerce that shall, for the purpose of destroying the business of…

Any person, firm, company, association, or corporation violating any of the provisions of sections 551.1 and 551.2 , and any officer, agent, or receiver of any firm, company, association, or corporation, or any member of the same, or any individual violating any of such provision…

All contracts or agreements made in violation of any of the provisions of sections 551.1 and 551.2 shall be void. [S13, §5028-d; C24, 27, 31, 35, 39, § 9889; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §551.5 ] Referred to in §551.6

It shall be the duty of the county attorneys, in their counties, and the attorney general, to enforce the provisions of sections 551.1 , 551.2 , 551.4 , and 551.5 , by appropriate actions in courts of competent jurisdiction. [S13, §5028-e; C24, 27, 31, 35, 39, § 9890; C46, 50, 54…

If complaint shall be made to the secretary of state that any corporation authorized to do business in this state is guilty of unfair discrimination, within the terms of sections 551.1 and 551.2 , it shall be the duty of the secretary of state to refer the matter to the attorney …

If any corporation, foreign or domestic, authorized to do business in this state, is found guilty of unfair discrimination, within the terms of sections 551.1 and 551.2 , it shall be the duty of the secretary of state to immediately revoke the permit of such corporation to do bus…

If after revocation of its permit such corporation, or any other corporation not having a permit and found guilty of having violated any of the provisions of sections 551.1 and 551.2 , shall continue or attempt to do business in this state, it shall be the duty of the attorney ge…

1. “Advertising” means a circular, prospectus, advertisement, or other material, or a communication by radio, television, pictures, or similar means used in connection with an offer or sale of a business opportunity. 2. a. “Business opportunity” means an opportunity to start a bu…

1. A seller who willfully violates the requirements for disclosure or for the contents of a business opportunity contract pursuant to section 551A.3 , who provides misleading advertising as provided in section 551A.9 , who willfully violates a rule under this chapter , or who wil…

1. The provisions of this chapter concerning sales and offers to sell apply to persons who sell or offer to sell a business opportunity when any of the following apply: a. An offer to sell is made in this state. b. An offer to purchase is made and accepted in this state. c. The p…

1. Disclosure document required. A person required to file an irrevocable consent to service of process with the secretary of state as a seller as provided in section 551A.7 shall not act as seller in this state unless the person provides a written disclosure document to each pur…

1. The following business opportunities are exempt from the requirements of section 551A.3 : a. The offer or sale of a business opportunity if the purchaser is a bank, federally chartered savings and loan association, trust company, insurance company, credit union, or investment …

A waiver of this chapter by a purchaser prior to or at the time of sale is contrary to public policy and is void and unenforceable. An attempt by a seller to have a purchaser waive any rights given in this chapter is a violation of this chapter . [ 81 Acts, ch 171, §9 ] C83, §523…

The purchaser has the right to cancel a contract with a seller for a business opportunity for any reason at any time within three business days of the date the purchaser signs the contract or the date the contract is accepted by the seller whichever is later. The notice of the ri…

A seller shall file an irrevocable consent with the secretary of state. The seller shall file the irrevocable consent prior to executing a business opportunity contract or engaging in the sale of a business opportunity in this state. The irrevocable consent shall appoint the secr…

1. A person who violates the requirements for disclosure or for the contents of a business opportunity contract pursuant to section 551A.3 is liable to the purchaser in an action for rescission of the contract, or for recovery of all money or other valuable consideration paid for…

1. Misleading statements. A person shall not make or cause to be made a misleading statement in a disclosure document required pursuant to section 551A.3 or in a proceeding under this chapter . The statement shall be deemed to be misleading if any of the following apply: a. At th…

As used in this chapter , unless the context otherwise requires: 1. “Contract price” means the total price paid or to be paid, including service charges or membership fees, which entitles the buyer either directly or indirectly to membership in a physical exercise club or to the …

If the buyer’s obligation is in a form that may be assigned, the contract shall state in boldface type on the front page of the contract that the contract may be discounted and sold to third parties to whom the buyer will become obligated to make full payment. 88 Acts, ch 1221, §…

1. A physical exercise club contract is not assignable by the physical exercise club without written notice of the assignment mailed to the buyer at the buyer’s address as stated in the contract. The notice shall identify the contract, state the name and address of the assignee, …

1. A physical exercise club, which accepts prepayments as defined in section 552.1, subsection 5 , shall compile a written list which shall be available to a buyer upon request showing: a. The equipment by kind and quantity that is or will be made available. b. Each service which…

1. If a physical exercise club violates a provision of this chapter , the buyer may cancel the physical exercise club contract. The buyer also has a right of action against the physical exercise club for recovery of the amount the buyer paid to the physical exercise club under th…

1. It is unlawful for a physical exercise club to make any misrepresentation to current members, prospective buyers, or buyers of physical exercise club contracts regarding: a. Qualifications of staff. b. Availability, quality, or extent of facilities or services. c. Results obta…

1. A physical exercise club or its assignee or agent that accepts prepayments shall deposit all of the funds received as prepayments in an escrow account established with a financial institution located in this state whose accounts are insured by the federal deposit insurance cor…

1. A physical exercise club contract where a finance charge is made or where payment is required or permitted by agreement to be made in more than four periodic payments, excluding a down payment, is a consumer credit sale within the meaning of section 537.1301, subsection 13 , a…