Title 40 — Title 40 — Trade And Commerce
32 chapters · 686 sections in this title.
W.S. § 40-13-101 Short title
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Short title. This act may be cited as the "Protection of Copyright Users Act".
W.S. § 40-13-102 Definitions
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Definitions. (a) The following words, terms and phrases, when used in this act, shall have the meaning ascribed in this section, except where the context clearly indicates a different meaning: (i) "Blanket license" includes any device or contract whereby public performance of mus…
W.S. § 40-13-103 Licensing requirements
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Licensing requirements. (a) No music licensing agency and no copyright owner who is a member of such music licensing agency or who licenses the performing rights to his music through a music licensing agency shall license the use of, or in any manner whatsoever dispose of, in thi…
W.S. § 40-13-104 Discrimination prohibited
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Discrimination prohibited. All groups and persons affected by this act are prohibited from discriminating against the citizens of this state by charging higher and more inequitable rates for music licenses in this state than in other states.
W.S. § 40-13-105 Licenses and fees; choices
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Licenses and fees; choices. The licenses and fees made available pursuant to this article shall provide users with genuine economic choices between the various licenses and fees provided for application within the state of Wyoming.
W.S. § 40-13-106 Time for filing contracts and licenses; filing fee
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Time for filing contracts and licenses; filing fee. The contracts and licenses required by this article shall be filed with the secretary of state. A filing fee of five dollars ($5.00) shall be paid to the secretary of state at the time of each filing.
W.S. § 40-13-107 Blanket license fees
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Blanket license fees. Charges and fees under any blanket license for a blanket royalty or fee shall be valid and enforceable only to the extent that the music licensing agency shall have complied with the provisions of this act.
W.S. § 40-13-108 Doing business defined; amenability to process; service on nonresidents
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Doing business defined; amenability to process; service on nonresidents. (a) All persons, groups, corporations, associations, foreign or domestic, subject to this act shall be deemed to be doing business within this state and amenable to the process of the courts of the state of …
W.S. § 40-13-109 Injunction
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Injunction. In the event any person, or groups of persons, or any combination, refuse to comply with the provisions of this act, then the county attorney for any county or the attorney general upon complaint of any violation, may institute injunction proceedings against the perso…
W.S. § 40-13-110 Right to sue; limitation; damages
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Right to sue; limitation; damages. Any person in this state who is injured in his business or property or aggrieved by reason of any violation of this act may sue therefor within six (6) years of said violation in the district court in the county in which the violation or any par…
W.S. § 40-13-111 Existing contracts not affected
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Existing contracts not affected. No blanket license or contract in existence with a user in the state of Wyoming at the time of the passage of this act shall be affected by this act.
W.S. § 40-13-112 Special appearances deemed general
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Special appearances deemed general. In the event any person, or any defendant is proceeded against as herein outlined, and is served with process according to law, appears in any proceeding by counsel or otherwise, or institutes any special proceeding attacking such proceeding, o…
W.S. § 40-13-113 Penalty for violations
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Penalty for violations. A person or music licensing agency who violates this act is guilty of a high misdemeanor and upon conviction is punishable for each violation by a fine of not to exceed one thousand dollars ($1,000.00), or by imprisonment in the state prison for a period o…
W.S. § 40-13-201 (a) Definitions
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(a) Definitions. As used in W.S. 40-13-201 through 40-13-206: (i) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing sounds on phonograph records, d…
W.S. § 40-13-202 (a) "Performer" means any person appearing in a Prohibited acts
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(a) "Performer" means any person appearing in a Prohibited acts. No person shall: (i) Knowingly and without the consent of the owner, transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are record…
W.S. § 40-13-203 Forfeiture and destruction
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Forfeiture and destruction. Any article produced in violation of W.S. 40-13-202 and any equipment or components used in producing the article is subject to forfeiture to and destruction by law enforcement agencies.
W.S. § 40-13-204 Additional prohibited act; evidence
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Additional prohibited act; evidence. No person shall knowingly or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, distribute or possess any article which has been produced without the consent of the owner or performer. Possession of five (5) …
W.S. § 40-13-205 Penalty
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Penalty. (a) Any person who violates any portion of W.S. 40-13-202 is guilty of a felony and shall be imprisoned in the state penitentiary for not less than one (1) year nor more than two (2) years or fined not more than ten thousand dollars ($10,000.00), or both. Each violation …
W.S. § 40-13-206 Exceptions
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Exceptions. (a) W.S. 40-13-201 through 40-13-206 do not apply to: (i) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (i…
W.S. § 40-13-301 (a) Definitions
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(a) Definitions. As used in this act: (i) "Copyright owner" means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, P. L. 94-553 (17 U.S.C. § 101 et seq.)…
W.S. § 40-13-302 Information required to be provided regarding royalty contracts; contract requirements
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Information required to be provided regarding royalty contracts; contract requirements. (a) No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but …
W.S. § 40-13-303 Restrictions
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Restrictions. (a) No performing rights society or any agent or employee thereof shall: (i) With respect to a contract executed, issued or renewed on or after July 1, 1996, collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment…
W.S. § 40-13-304 Civil actions
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Civil actions. Any person who suffers a violation of this act may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity.
W.S. § 40-13-305 Applicability
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Applicability. This act shall not apply to contracts between performing rights societies and broadcasters licensed by the federal communications commission or to contracts with cable operators, programmers or other transmission services. This act also shall not apply to investiga…