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17 U.S.C. § 116Negotiated licenses for public performances by means of coin-operated phonorecord players

submitted 38 years ago by Pub. L. 100-568 to r/title-17-COPYRIGHTS · 388 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owners of songs and jukebox operators may privately negotiate royalty rates for playing music. If they can't agree, either side can ask Copyright Royalty Judges to set the terms. A negotiated agreement always wins over what the judges would have decided.

(a) This section applies to any non-dramatic musical work that's on a phonorecord — for example, a song on a record, played through a jukebox. (b)(1) Song copyright owners and jukebox operators may negotiate their own royalty rates and terms, and split the fees among owners however they agree. They can appoint shared agents to negotiate, agree to, pay, or collect those royalties. (2) If parties don't reach a private deal, they can instead have the rates and fee-split set through the chapter 8 proceeding — a process run by the Copyright Royalty Judges. (c) A license negotiated under subsection (b) overrides — takes priority over — whatever the Copyright Royalty Judges would otherwise have decided. (d) Definitions — (1) A "coin-operated phonorecord player" is a jukebox-type machine that: (A) plays non-dramatic musical works from phonorecords only when someone inserts coins, currency, tokens, or the equivalent; (B) sits in a place that doesn't charge admission; (C) has a visible list of every song it can play, posted on the machine or nearby where the public can read it; and (D) lets customers pick which song plays. (2) An "operator" is anyone who, alone or with others: (A) owns the machine; (B) can place it in a business location; or (C) controls which songs are loaded onto it.
the actual law source: uscode.house.gov ↗public domain
(a)Applicability of Section.—

This section applies to any nondramatic musical work embodied in a phonorecord.

(b)Negotiated Licenses.—
(1)Authority for negotiations.—

Any owners of copyright in works to which this section applies and any operators of coin-operated phonorecord players may negotiate and agree upon the terms and rates of royalty payments for the performance of such works and the proportionate division of fees paid among copyright owners, and may designate common agents to negotiate, agree to, pay, or receive such royalty payments.

(2)Chapter 8 proceeding.—

Parties not subject to such a negotiation may have the terms and rates and the division of fees described in paragraph (1) determined in a proceeding in accordance with the provisions of chapter 8.

(c)License Agreements Superior to Determinations by Copyright Royalty Judges.—

License agreements between one or more copyright owners and one or more operators of coin-operated phonorecord players, which are negotiated in accordance with subsection (b), shall be given effect in lieu of any otherwise applicable determination by the Copyright Royalty Judges.

(d)Definitions.—

As used in this section, the following terms mean the following:

(1)

A “coin-operated phonorecord player” is a machine or device that—

(A)

is employed solely for the performance of nondramatic musical works by means of phonorecords upon being activated by the insertion of coins, currency, tokens, or other monetary units or their equivalent;

(B)

is located in an establishment making no direct or indirect charge for admission;

(C)

is accompanied by a list which is comprised of the titles of all the musical works available for performance on it, and is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and

(D)

affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located.

(2)

An “operator” is any person who, alone or jointly with others—

(A)

owns a coin-operated phonorecord player;

(B)

has the power to make a coin-operated phonorecord player available for placement in an establishment for purposes of public performance; or

(C)

has the power to exercise primary control over the selection of the musical works made available for public performance on a coin-operated phonorecord player.

Source credit: (Added Pub. L. 100–568, § 4(a)(4), Oct. 31, 1988, 102 Stat. 2855, § 116A; renumbered § 116 and amended Pub. L. 103–198, § 3(b)(1), Dec. 17, 1993, 107 Stat. 2309; Pub. L. 105–80, § 5, Nov. 13, 1997, 111 Stat. 1531; Pub. L. 108–419, § 5(e), Nov. 30, 2004, 118 Stat. 2365.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-568 · 102 Stat. 2855
  • 1993Amended · Pub. L. 103-198 · 107 Stat. 2309
  • 1997Amended · Pub. L. 105-80 · 111 Stat. 1531
  • 2004Amended · Pub. L. 108-419 · 118 Stat. 2365

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-568 on 1988-10-31.

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