Title 40, Title 40 — Trade And Commerce

Disclosure requirements for exterior storm damage repair contracts. Any contract for exterior storm damage repairs shall include a copy of a repair proposal that contains the disclosures required under W.S. 40-12-703(a).

Exterior storm damage repair contracts; right to cancel; waiver. (a) A consumer who has entered into a written contract with a contractor to provide exterior storm damage repair goods and services has the right to cancel the contract within three (3) business days of the date on …

Private remedies. Any person who violates this article shall be subject to the remedy provisions relating to unlawful trade practices provided in W.S. 40-12-108 and 40-12-109.

Short title. This act may be cited as the "Protection of Copyright Users Act".

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…

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…

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.

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.

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.

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.

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 …

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…

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…

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.

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…

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…

Definitions. (a) 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…

Prohibited acts. (a) 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 recorded, with intent to sell or to cause to be so…

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.

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) …

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 …

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…

Definitions. (a) 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.)…

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 …

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…

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.

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…

Short title. This act shall be known and may be cited as "Wyoming Uniform Consumer Credit Code."

Purposes; rules of construction. (a) This act shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this act are: (i) To simplify, clarify and modernize the law governing retail installment sales, con…

Supplementary general principles of law applicable. Unless displaced by the particular provisions of this act, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresenta…

Construction against implicit repeal. This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this en…

Waiver; agreement to forego rights; settlement of claims; legal rate of interest; applicability. (a) Except as otherwise provided in this act, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this act. (b) A claim by a buyer, lessee, or debtor …

Effect on powers of organizations. (a) This act prescribes maximum charges for all creditors, except lessors and those excluded (W.S. 40-14-121), extending consumer credit including consumer credit sales (W.S. 40-14-204) and consumer loans (W.S. 40-14-304), and displaces existing…

Territorial application. (a) Except as otherwise provided in this section, this act applies to consumer credit transactions made in this state. For purposes of this act, a consumer credit transaction is made in this state if: (i) A signed writing evidencing the obligation or offe…

Exclusions. (a) Except as required by W.S. 40-14-641, this act does not apply to: (i) Extensions of credit to government or governmental agencies or instrumentalities; (ii) Except as otherwise provided in the article on insurance [article 4], the sale of insurance by an insurer i…

General definitions. (a) In addition to definitions appearing in subsequent articles, in this act: (i) "Actuarial method" means the method, defined by rules adopted by the administrator, of allocating payments made on a debt between principal or amount financed and loan finance c…

Definition. In this act "Federal Consumer Credit Protection Act" means the Consumer Credit Protection Act (Public Law 90-321; 82 U.S. Statutes 146), as amended, and includes regulations issued pursuant to that act.

Index of definitions. (a) Definitions in this act and the sections in which they appear are: (i) "Actuarial method"-W.S. 40-14-140(a)(i); (ii) "Administrator"-W.S. 40-14-140(a)(ii); (iii) "Administrator"-W.S. 40-14-603; (iv) "Agreement"-W.S. 40-14-140(a)(iii); (v) "Agricultural p…

Short title. This article shall be known and may be cited as "Uniform Consumer Credit Code Credit Sales."

Scope; license required. (a) This article applies to consumer credit sales, including home solicitation sales and consumer leases. (b) Unless a person has first registered with the administrator, no person shall engage in the business of making consumer credit sales or consumer l…

Definitions. (a) The following definitions apply to this act and appear in this article as follows: (i) "Amount financed"-W.S. 40-14-211; (ii) Repealed By Laws 2008, Ch. 116, § 2. (iii) "Cash price"-W.S. 40-14-210; (iv) "Consumer credit sale"-W.S. 40-14-204; (v) "Consumer lease"-…

Definition of "consumer credit sale." (a) Except as provided in subsection (b) of this section, "consumer credit sale" is a sale of goods, services or an interest in land in which: (i) Credit is granted by a person who regularly engages as a seller in credit transactions of the s…

Additional definitions. (a) "Goods" includes a goods not in existence at the time the transaction is entered into and merchandise certificates, but excludes money, chattel paper, documents of title, and instruments. (b) "Merchandise certificate" means a writing issued by a seller…

Definition of "consumer lease". (a) "Consumer lease" means a lease of goods: (i) Which a lessor regularly engaged in the business of leasing makes to a person, other than an organization, who takes under the lease primarily for a personal, family or household purpose; (ii) In whi…

Definition of "seller". Except as otherwise provided, "seller" includes an assignee of the seller's right to payment but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.