Page:United States Statutes at Large Volume 112 Part 5.djvu/72

 112 STAT. 2830 PUBLIC LAW 105-298—OCT. 27, 1998 Fairness In Music Licensing Act of 1998. TITLE II—MUSIC LICENSING EXEMP- TION FOR FOOD SERVICE OR DRINK- ING ESTABLISHMENTS 17 USC 101 note. SEC. 201. SHORT TITLE. This title may be cited as the "Fairness In Music Licensing Act of 1998". SEC. 202. EXEMPTIONS. (a) EXEMPTIONS FOR CERTAIN ESTABLISHMENTS.— Section 110 of title 17, United States Code, is amended— (1) in paragraph (5)— (A) by striking "(5)" and inserting "(5)(A) except as provided in subparagraph (B),"; and (B) by adding at the end the following: "(B) communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier, if— "(i) in the case of an establishment other than a food service or drinking establishment, either the establishment in which the communication occurs has less than 2,000 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 2,000 or more gross square feet of space (excluding space used for customer parking and for no other purpose) and— "(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or "(II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; "(ii) in the case of a food service or drinking establishment, either the establishment in which the communication occurs has less than 3,750 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 3,750 gross

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