PUBLIC LAW 105-298—OCT. 27, 1998
112 STAT. 2831
square feet of space or more (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
"(11) 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 one 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;
"(iii) no direct charge is made to see or hear the
transmission or retransmission;
"(iv) the transmission or retransmission is not further transmitted beyond the establishment where it
is received; and
"(v) the transmission or retransmission is licensed
by the copyright owner of the work so publicly performed or displayed;"; and
(2) by adding after paragraph (10) the following:
"The exemptions provided under paragraph (5) shall not be taken
into account in any administrative, judicial, or other governmental
proceeding to set or adjust the royalties payable to copyright owners
for the public performance or display of their works. Royalties
payable to copyright owners for cm.y public performance or display
of their works other than such performances or displays as are
exempted under paragraph (5) shall not be diminished in any
respect as a result of such exemption.".
(b) EXEMPTION RELATING TO PROMOTION.— Section 110(7) of
title 17, United States Code, is amended by inserting "or of the
audiovisual or other devices utilized in such performance," after
"phonorecords of the work,".
SEC. 203. LICENSING BY PERFORMING RIGHTS SOCIETIES.
(a) IN GENERAL. —Chapter 5 of title 17, United States Code,
is amended by adding at the end the following:
"§ 512. Determination of reasonable license fees for individual proprietors
"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:
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