Lapas attēli
PDF
ePub

7

1 hereinafter referred to as the 'Tribunal') certifies by publica2 tion in the Federal Register that negotiated licenses author3 ized by subsection (e) have not come into effect to provide

4 permission to use a quantity of musical works not substantial

5 ly smaller than the quantity of such works performed on coin6 operated phonorecord players during the 1-year period prior

7 to the effective date of that Act, then section 116 of this title

8 as in effect on the day before the effective date of that Act

9 shall be effective with respect to musical works that are not

10 the subject of such negotiated licenses. 11 "(c)(1) Notwithstanding any other provision of law, any 12 owner of a copyright in a work to which this section applies 13 and any operator of a coin-operated phonorecord player

14 may

15

“(A) negotiate and agree on the terms and rates of royalty payments for the performance of such works

16

17

and the proportionate division of fees paid among vari

[blocks in formation]

19

"(B) designate common agents to negotiate, agree

20 to, pay, or receive such royalty payments. 21 “(2)(A) A party to a negotiation referred to in paragraph 22 (1), within the time as may be specified by a regulation of the

23 Tribunal, may determine the result of the negotiation by

24 arbitration.

8

1

"(B) The arbitration referred to in subparagraph (A) 2 shall be governed by the provisions of title 9, to the extent

3 that such title is not inconsistent with this section.

4

“(C) The parties to the negotiations shall give the Tri

5 bunal notice of any determination reached by arbitration.

6

“(D) Any determination made through arbitration shall,

7 as between the parties to the arbitration, be dispositive of the

8 issues to which it relates.

9 "(d) License agreements between one or more copyright 10 owner and one or more operator of coin-operated phonorec11 ord players, which are negotiated in accordance with subsec12 tion (c), shall be given effect in lieu of any otherwise applica

13 ble determination by the Tribunal. 14 “(e) If, within 60 days after the effective date of the 15 Berne Convention Implementation Act of 1987, the Chair

16 man of the Tribunal has not received notice of the date and

17 location of the first meeting between copyright owners and 18 owners of coin-operated phonorecord players, referred to in 19 subsection (c)(1), from such owners or operators, the Chair

20 man shall determine and announce the date and location of

21 such meeting, but in no event shall such meeting be held 22 more than 90 days after the effective date of that Act.

23

"(t) The Tribunal shall not conduct any ratemaking ac

24 tivity with respect to coin-operated phonorecord players

25 unless, at any time beginning 1-year after the effective date

S 1301 IS

9

1 of the Berne Convention Implementation Act of 1987, the 2 negotiated licenses adopted by the parties under this section 3 do not provide permission to use a quantity of musical works 4 not substantially smaller than the quantity of such works 5 performed on coin-operated phonorecord players during the 6 1-year period ending on the effective date of such Act.

7

"(g)(1) Until such time as licensing provisions are deter

8 mined by the parties under this section, the terms of the com

9 pulsory license, with respect to the public performance of 10 nondramatic musical works by means of coin-operated phono

11 record players, that is in effect on the day before the effective

12 date of the Berne Convention Implementation Act of 1987,

13 shall remain in force.

14 “(2) If the negotiated licenses authorized by this section 15 come into force so as to supersede previous determinations of

16 the Tribunal as provided in subsection (d), but thereafter are

17 terminated or expire without replacement by subsequent

18 agreements, then section 116 of this title, as in effect on the

19 day before the effective date of the Berne Convention Imple

20 mentation Act of 1987, shall be effective with respect to mu

21 sical works that are not the subject of such negotiated

22 licenses.

23 “(h) As used in this section, the following terms and 24 their variant forms means the following:

10

1

“(1) A 'coin-operated phonorecord player' is a

[blocks in formation]

3

4

“(A) is employed solely for the performance of non-dramatic musical works by means of phonorecords upon being activated by insertion of

5

6

coins, currency, tokens, or other monetary units

7

or their equivalent;

“(B) is located in an establishment making

8

9

no direct or indirect charge for admission;

10

“(C) is accompanied by a list of the titles of

11

all the musical works available for performance on it, which list is affixed to the phonorecord player

12

13

or posted in the establishment in a prominent po

[blocks in formation]

20

“(2) An ‘operator' is any person who, alone or jointly with others

21

22

“(A) owns

a coin-operated phonorecord

23

24

player; or

“(B) has the power to make a coin-operated phonorecord player available for placement in an

25

[blocks in formation]

5

6

made available for public performance on a coin-
operated phonorecord player."; and
(6) by adding at the end thereof the following new

7

8

section:

9 "8 119. Scope of exclusive rights in architectural works

10

“(a) The exclusive rights of a copyright owner in an

11 architectural work shall apply only to the artistic character

12 and artistic design of the work, and shall not extend to proc

13 esses or methods of construction.

14 “(b) The copyright in an architectural work does not 15 include the right to prevent the making, distributing, or 16 public display of pictures, paintings, photographs, or other 17 pictorial representations of the work, when the work is 18 erected in a location accessible to the public. 19 “(c) The owner of a copyright in an architectural

20 work

21

"(1) shall not be entitled to obtain an injunction

22

under section 502 of this title to restrain the construc

23

tion or use of an infringing building, if construction has substantially begun; and

24

« iepriekšējāTurpināt »