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17 U.S.C. § 513 — Determination of reasonable license fees for individual proprietors
Federal law — U.S. Code and appendices · legal_authorities
In the case of any performing rights society subject to a consent decree which provides for the determination of reasonable license rates or fees to be charged by the performing rights society, notwithstanding the provisions of that consent decree, an individual proprietor who owns or operates fewer than 7 non-publicly traded establishments in which nondramatic musical works are performed publicly and who claims that any license agreement offered by that performing rights society is unreasonable in its license rate or fee as to that individual proprietor, shall be entitled to determination of a reasonable license rate or fee as follows:
(1) The individual proprietor may commence such proceeding for determination of a reasonable license rate or fee by filing an application in the applicable district court under paragraph (2) that a rate disagreement exists and by serving a copy of the application on the performing rights society. Such proceeding shall commence in the applicable district court within 90 days after the service of such copy, except that such 90-day requirement shall be subject to the administrative requirements of the court.
(2) The proceeding under paragraph (1) shall be held, at the individual proprietor’s election, in the judicial district of the district court with jurisdiction over the applicable consent decree or in that place of holding court of a district court that is the seat of the Federal circuit (other than the Court of Appeals for the Federal Circuit) in which the proprietor’s establishment is located.
(3) Such proceeding shall be held before the judge of the court with jurisdiction over the consent decree governing the performing rights society. At the discretion of the court, the proceeding shall be held before a special master or magistr
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Source location: Title 17, Chapter 5, § 513; chapter-005-copyright-infringement-and-remedies.md
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In the case of any performing rights society subject to a consent decree which provides for the determination of reasonable license rates or fees to be charged by the performing rights society, notwithstanding the provisions of that consent decree, an individual proprietor who owns or operates fewer than 7 non-publicly traded establishments in which nondramatic musical works are performed publicly and who claims that any license agreement offered by that performing rights society is unreasonable in its license rate or fee as to that individual proprietor, shall be entitled to determination of a reasonable license rate or fee as follows:
(1) The individual proprietor may commence such proceeding for determination of a reasonable license rate or fee by filing an application in the applicable district court under paragraph (2) that a rate disagreement exists and by serving a copy of the application on the performing rights society. Such proceeding shall commence in the applicable district court within 90 days after the service of such copy, except that such 90-day requirement shall be subject to the administrative requirements of the court.
(2) The proceeding under paragraph (1) shall be held, at the individual proprietor’s election, in the judicial district of the district court with jurisdiction over the applicable consent decree or in that place of holding court of a district court that is the seat of the Federal circuit (other than the Court of Appeals for the Federal Circuit) in which the proprietor’s establishment is located.
(3) Such proceeding shall be held before the judge of the court with jurisdiction over the consent decree governing the performing rights society. At the discretion of the court, the proceeding shall be held before a special master or magistrate judge appointed by such judge. Should that consent decree provide for the appointment of an advisor or advisors to the court for any purpose, any such advisor shall be the special master so named by the court.
(4) In any such proceeding, the industry rate shall be presumed to have been reasonable at the time it was agreed to or determined by the court. Such presumption shall in no way affect a determination of whether the rate is being correctly applied to the individual proprietor.
(5) Pending the completion of such proceeding, the individual proprietor shall have the right to perform publicly the copyrighted musical compositions in the repertoire of the performing rights society by paying an interim license rate or fee into an interest bearing escrow account with the clerk of the court, subject to retroactive adjustment when a final rate or fee has been determined, in an amount equal to the industry rate, or, in the absence of an industry rate, the amount of the most recent license rate or fee agreed to by the parties.
(6) Any decision rendered in such proceeding by a special master or magistrate judge named under paragraph (3) shall be reviewed by the judge of the court with jurisdiction over the consent decree governing the performing rights society. Such proceeding, including such review, shall be concluded within 6 months after its commencement.
(7) Any such final determination shall be binding only as to the individual proprietor commencing the proceeding, and shall not be applicable to any other proprietor or any other performing rights society, and the performing rights society shall be relieved of any obligation of nondiscrimination among similarly situated music users that may be imposed by the consent decree governing its operations.
(8) An individual proprietor may not bring more than one proceeding provided for in this section for the determination of a reasonable license rate or fee under any license agreement with respect to any one performing rights society.
(9) For purposes of this section, the term “industry rate” means the license fee a performing rights society has agreed to with, or which has been determined by the court for, a significant segment of the music user industry to which the individual proprietor belongs.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transitory Digital Network Communications.—** A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider’s transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if—
(1) the transmission of the material was initiated by or at the direction of a person other than the service provider;
(2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;
(3) the service provider does not select the recipients of the material except as an automatic response to the request of another person;
(4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and
(5) the material is transmitted through the system or network without modification of its content.
**(b) System Caching.—**
(1) **Limitation on liability.—** — A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court.The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe. If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders.
**(b) Random Assignment of Rate Court Proceedings.—**
(1) **In general.—**
(A) *Definition.—* — In this paragraph, the term “performing rights society” has the meaning given the term in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim).
(B) *Determination of license fee.—* — Except as provided in subparagraph (C), in the case of any performing rights society subject to a consent decree, any application for the determination of a license fee for the public performance of music in accordance with the applicable consent decree shall be made in the district court with jurisdiction over that consent decree and randomly assigned to a judge of that district court according to the rules of that court for the division of business among district judges, provided that any such application shall not be assigned to—
(i) a judge to whom continuing jurisdiction over any performing rights society for any performing rights society consent decree is assigned or has previously been assigned; or
(ii) a judge to whom another proceeding concerning an application for the determination of a reasonable license fee is assigned at the time of the filing of the
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Federal law — U.S. Code and appendices · legal_authorities
Page 179
TITLE 17—COPYRIGHTS
§ 513
for purposes of applying this section. Whether a
service provider qualifies for the limitation on
liability in any one of those subsections shall be
based solely on the criteria in that subsection,
and shall not affect a determination of whether
that service provider qualifies for the limita-
tions on liability under any other such sub-
section.
(Added Pub. L. 105–304, title II, § 202(a), Oct. 28,
1998, 112 Stat. 2877; amended Pub. L. 106–44, § 1(d),
Aug. 5, 1999, 113 Stat. 222; Pub. L. 111–295, § 3(a),
Dec. 9, 2010, 124 Stat. 3180.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (h)(6), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
CODIFICATION
Another section 512 was renumbered section 513 of
this title.
AMENDMENTS
2010—Subsec. (c)(2). Pub. L. 111–295 struck out ‘‘, in
both electronic and hard copy formats’’ after ‘‘Inter-
net’’ in concluding provisions.
1999—Subsec. (e). Pub. L. 106–44, § 1(d)(1)(A), sub-
stituted ‘‘Limitation on Liability of Nonprofit Edu-
cational Institutions’’ for ‘‘Limitation on liability of
nonprofit educational institutions’’ in heading.
Subsec. (e)(2). Pub. L. 106–44, § 1(d)(1)(B), struck out
par. heading ‘‘Injunctions’’.
Subsec. (j)(3). Pub. L. 106–44, § 1(d)(2), substituted
‘‘Notice and ex parte orders’’ for ‘‘Notice and Ex Parte
Orders’’ in heading.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 105–304, title II, § 203, Oct. 28, 1998, 112 Stat.
2886, provided that: ‘‘This title [enacting this section
and provisions set out as a note under section 101 of
this title] and the amendments made by this title shall
take effect on the date of the enactment of this Act
[Oct. 28, 1998].’’
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