2013 US Code
Title 17 - Copyrights
Chapter 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT (§§ 101 - 122)
Section 116 - Negotiated licenses for public performances by means of coin-operated phonorecord players
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 17 - COPYRIGHTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT Sec. 116 - Negotiated licenses for public performances by means of coin-operated phonorecord players |
Contains | section 116 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
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. <!-- PDFPage:81 -->1531; Pub. L. 108-419, §5(e), Nov. 30, 2004, 118 Stat. 2365. |
Statutes at Large References | 90 Stat. 2562 102 Stat. 2855, 2857 107 Stat. 2309 118 Stat. 2365 |
Public Law References | Public Law 94-553, Public Law 100-568, Public Law 103-198, Public Law 105-80, Public Law 108-419 |
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(a)
(b)
(1)
(2)
(c)
(d)
(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.
(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.)
PRIOR PROVISIONSA prior section 116, Pub. L. 94–553, title I, §101, Oct. 19, 1976, 90 Stat. 2562; Pub. L. 100–568, §4(b)(1), Oct. 31, 1988, 102 Stat. 2857, related to scope of exclusive rights in nondramatic musical works and compulsory licenses for public performances by means of coin-operated phonorecord players, prior to repeal by Pub. L. 103–198, §3(a), Dec. 17, 1993, 107 Stat. 2309.
AMENDMENTS2004—Subsec. (b)(2). Pub. L. 108–419, §5(e)(1), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "Parties not subject to such a negotiation may determine, by arbitration in accordance with the provisions of chapter 8, the terms and rates and the division of fees described in paragraph (1)."
Subsec. (c). Pub. L. 108–419, §5(e)(2), substituted "Determinations by Copyright Royalty Judges" for "Copyright Arbitration Royalty Panel Determinations" in heading and "the Copyright Royalty Judges" for "a copyright arbitration royalty panel" in text.
1997—Subsec. (b)(2). Pub. L. 105–80, §5(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
"(2)
Subsec. (d). Pub. L. 105–80, §5(2), added subsec. (d).
1993—Pub. L. 103–198, §3(b)(1)(A), renumbered section 116A of this title as this section.
Subsec. (b). Pub. L. 103–198, §3(b)(1)(B), (C), redesignated subsec. (c) as (b), substituted "Librarian of Congress" for "Copyright Royalty Tribunal" in two places in par. (2), and struck out former subsec. (b) which related to limitation on exclusive right if licenses not negotiated.
Subsec. (c). Pub. L. 103–198, §3(b)(1)(B), (D), redesignated subsec. (d) as (c), in heading substituted "Arbitration Royalty Panel" for "Royalty Tribunal", and in text substituted "subsection (b)" for "subsection (c)" and "a copyright arbitration royalty panel" for "the Copyright Royalty Tribunal".
Subsecs. (d) to (g). Pub. L. 103–198, §3(b)(1)(B), (E), redesignated subsec. (d) as (c) and struck out subsecs. (e) to (g) which provided, in subsec. (e), for a schedule for negotiation of licenses, in subsec. (f), for a suspension of various ratemaking activities by the Copyright Royalty Tribunal, and in subsec. (g), for transition provisions and retention of Copyright Royalty Tribunal jurisdiction.
EFFECTIVE DATE OF 2004 AMENDMENTAmendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title.
EFFECTIVE DATESection effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions as in effect when cause of action arose, see section 13 of Pub. L. 100–568, set out as an Effective Date of 1988 Amendment note under section 101 of this title.
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