§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) Arbitration.-Parties to such a negotiation, within such time as may be specified by the Librarian of Congress by regulation, may determine the result of the negotiation by arbitration. Such arbitration shall be governed by the provisions of title 9, to the extent such title is not inconsistent with this section. The parties shall give notice to the Librarian of Congress of any determination reached by arbitration and any such determination shall, as between the parties to the arbitration, be dispositive of the issues to which it relates.

(c) License Agreements Superior to Copyright Arbitration Royalty Panel Determinations.-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 a copyright arbitration royalty panel.

(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 .)

Prior Provisions

A 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 .

Amendments

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

Section 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.

Section Referred to in Other Sections

This section is referred to in sections 106, 501, 511, 801, 802, 803 of this title; title 18 section 2319.