Page:United States Statutes at Large Volume 111 Part 2.djvu/451

 PUBLIC LAW 105-80—NOV. 13, 1997 111 STAT. 1531 For purposes of this section, a nation that is a member of the Berne Convention on the date of the enactment of the Uruguay Round Agreements Act shall be construed to become an eligible country on such date of enactment.". SEC. 3. LICENSES FOR NONEXEMPT SUBSCRIPTION TRANSMISSIONS. Section 114(f) of title 17, United States Code, is amended— (1) in paragraph (1), by inserting ", or, if a copyright Federal Register, arbitration royalty panel is convened, ending 30 days after publication, the Librarian issues and publishes in the Federal Register an order adopting the determination of the copyright arbitration royalty panel or an order setting the terms and rates (if the Librarian rejects the panel's determination)" after "December 31, 2000"; and (2) in paragraph (2), by striking "and publish in the Federal Register". SEC. 4. ROYALTY PAYABLE UNDER COMPULSORY LICENSE. Section 115(c)(3)(D) of title 17, United States Code, is amended by striking "and publish in the Federal Register". SEC. 5. NEGOTIATED LICENSE FOR JUKEBOXES. Section 116 of title 17, United States Code, is amended— (1) by amending subsection (b)(2) to read as follows: "(2) ARBITRATION.— 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)."; and (2) by adding at the end the following new subsection: "(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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