112 STAT. 2832
PUBLIC LAW 105-298—OCT. 27, 1998
"(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
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