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17 U.S.C. § 116 — Negotiated licenses for public performances by means of coin-operated phonorecord players
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-17/section-116-negotiated-licenses-for-public-performances-by-means-of-coin-operated-ph--aca41ce03a.md
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Source location: Title 17, Chapter 1, § 116; chapter-001-subject-matter-and-scope-of-copyright.md
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**(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.
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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) Appointment.—** The Librarian of Congress shall appoint 3 full-time Copyright Royalty Judges, and shall appoint 1 of the 3 as the Chief Copyright Royalty Judge. The Librarian shall make appointments to such positions after consultation with the Register of Copyrights.
**(b) Functions.—** Subject to the provisions of this chapter, the functions of the Copyright Royalty Judges shall be as follows:
(1) To make determinations and adjustments of reasonable terms and rates of royalty payments as provided in sections 112(e), 114, 115, 116, 118, 119, and 1004.
(2) To make determinations concerning the adjustment of the copyright royalty rates under section 111 solely in accordance with the following provisions:
(A) The rates established by section 111(d)(1)(B) may be adjusted to reflect—
(i) national monetary inflation or deflation; or
(ii) changes in the average rates charged cable subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar level of the royalty fee per subscriber which existed as of the date of October 19, 1976,
except that—
(I) if the average rates charged cable system subscribers for the basic service of providing secondary transmissions are changed so that the average rates exceed national monetary inflation, no change in the rates established by section 111(d)(1)(B) shall be permitted; and
(II) no increase in the royalty fee shall be permitted based on any reduction in the average number of distant signal equivalents per subscriber.
The Copyright Royalty Judges may consider all factors relating to the maintenance of such level of payments, including, as an extenuating factor, whether the industry has been restrained by subscriber rate regulating authorities from increas
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Federal law — U.S. Code and appendices · legal_authorities
Page 105
TITLE 17—COPYRIGHTS
§ 116
this Act [this section]. However, such parts made on or
after January 1, 1978, constitute phonorecords and are
otherwise subject to the provisions of said section 115
[this section].’’
§ 116. Negotiated licenses for public perform-
ances by means of coin-operated phono-
record players
(a) APPLICABILITY
OF SECTION.—This section
applies to any nondramatic musical work em-
bodied in a phonorecord.
(b) NEGOTIATED LICENSES.—
(1) AUTHORITY FOR NEGOTIATIONS.—Any own-
ers 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 pro-
portionate division of fees paid among copy-
right owners, and may designate common
agents to negotiate, agree to, pay, or receive
such royalty payments.
(2) CHAPTER 8 PROCEEDING.—Parties not sub-
ject 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 DETER-
MINATIONS BY COPYRIGHT ROYALTY JUDGES.—Li-
cense agreements between one or more copy-
right owners and one or more operators of coin-
operated phonorecord players, which are nego-
tiated in accordance with subsection (b), shall
be given effect in lieu of any otherwise applica-
ble 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
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