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

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

(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.