17 U.S.C. § 116

Negotiated licenses for public performances by means of coin-operated phonorecord players

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 17 CasesGoogle Scholar

(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.(Added Pub. L. 100–568, § 4(a)(4), Oct. 31, 1988, 102 Stat. 2855, § 116A; renumbered § 116 and amended Pub. L. 103–198, § 3(b)(1), Dec. 17, 1993, 107 Stat. 2309; Pub. L. 105–80, § 5, Nov. 13, 1997, 111 Stat. 1531; Pub. L. 108–419, § 5(e), Nov. 30, 2004, 118 Stat. 2365.)Editorial NotesPrior Provisions

A prior section 116, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2562; Pub. L. 100–568, § 4(b)(1), Oct. 31, 1988, 102 Stat. 2857, related to scope of exclusive rights in nondramatic musical works and compulsory licenses for public performances by means of coin-operated phonorecord players, prior to repeal by Pub. L. 103–198, § 3(a), Dec. 17, 1993, 107 Stat. 2309.

Amendments

2004—Subsec. (b)(2). Pub. L. 108–419, § 5(e)(1), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “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).”

Subsec. (c). Pub. L. 108–419, § 5(e)(2), substituted “Determinations by Copyright Royalty Judges” for “Copyright Arbitration Royalty Panel Determinations” in heading and “the Copyright Royalty Judges” for “a copyright arbitration royalty panel” in text.

1997—Subsec. (b)(2). Pub. L. 105–80, § 5(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2) Arbitration.—Parties to such a negotiation, within such time as may be specified by the Librarian of Congress by regulation, may determine the result of the negotiation by arbitration. Such arbitration shall be governed by the provisions of title 9, to the extent such title is not inconsistent with this section. The parties shall give notice to the Librarian of Congress of any determination reached by arbitration and any such determination shall, as between the parties to the arbitration, be dispositive of the issues to which it relates.”

Subsec. (d). Pub. L. 105–80, § 5(2), added subsec. (d).

1993—Pub. L. 103–198, § 3(b)(1)(A), renumbered section 116A of this title as this section.

Subsec. (b). Pub. L. 103–198, § 3(b)(1)(B), (C), redesignated subsec. (c) as (b), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in two places in par. (2), and struck out former subsec. (b) which related to limitation on exclusive right if licenses not negotiated.

Subsec. (c). Pub. L. 103–198, § 3(b)(1)(B), (D), redesignated subsec. (d) as (c), in heading substituted “Arbitration Royalty Panel” for “Royalty Tribunal”, and in text substituted “subsection (b)” for “subsection (c)” and “a copyright arbitration royalty panel” for “the Copyright Royalty Tribunal”.

Subsecs. (d) to (g). Pub. L. 103–198, § 3(b)(1)(B), (E), redesignated subsec. (d) as (c) and struck out subsecs. (e) to (g) which provided, in subsec. (e), for a schedule for negotiation of licenses, in subsec. (f), for a suspension of various ratemaking activities by the Copyright Royalty Tribunal, and in subsec. (g), for transition provisions and retention of Copyright Royalty Tribunal jurisdiction.

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title.

Effective Date

Section effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions as in effect when cause of action arose, see section 13 of Pub. L. 100–568, set out as an Effective Date of 1988 Amendment note under section 101 of this title.

Notes of Decisions

Cited in 142 cases, 1949–1996 · leading case: Fogerty v. Fantasy, Inc.

Sort: Relevance Newest Treatment

Fogerty v. Fantasy, Inc. (1994) scotus · cites it 4× “" 17 U. S. C. § 116 (1976 ed.) (emphasis added).”

June Roth v. Ilene Pritikin, as of the Estate of Nathan Pritikin, and Patrick M. McGrady (1986) ca2 · cites it 3× “Because the standard for awarding attorneys’ fees in a copyright action has not been satisfied here, we hold that the district court abused its discretion in awarding fees under 17 U.S.C. § 116 and, therefore, reverse those awards.”

Fleischmann Distilling Corp. v. Maier Brewing Co. (1967) scotus · cites it 2× “§ 206 ; Copyright Act, 17 U. S. C. § 116 ; Fair Labor Standards Act, § 16 (b), 52 Stat.”

Parker v. Matthews (1976) dcd · cites it 2× “1941), which dealt with the Copyright Act’s provision providing for “[an] award to the prevailing party a reasonable attorney’s fee as part of the costs,” 17 U.S.C. § 116 , the Court held that the “authority given is not in terms limited to the allowance of fees to a party who…”

Broadcast Music, Inc. v. Fox Amusement Co., Inc. (1982) ilnd · cites it 5× “17 U.S.C. § 116 (b) and (c). Of course BMI pays its affiliated writers and publishers out of its direct and indirect licensing receipts.”

Broadcast Music, Inc. v. Xanthas, Inc., D/B/A Tac Amusement Co. (1988) ca5 · cites it 2× “17 U.S.C. § 116 (b), (e)(3). 3 . Id. § 116(b)(2).”

Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc. (1985) ca9 “Attorneys’Fees The plaintiffs requested that the district court award attorneys’ fees under 17 U.S.C. § 116 (1970). The court omitted mention of plaintiffs’ request in its memorandum decision, although during the course of the proceedings, it had noted that the issue was before…”

Nazareth Gates v. John Collier, Superintendent of the Mississippi State Penitentiary (1980) ca5 “V 1975); Copyrights Act § 1, 17 U.S.C. § 116 (1970), redesignated as § 505 and amended by Pub.”

Breffort v. I Had a Ball Company (1967) nysd · cites it 4× “” Plaintiffs now move for (1) permanent injunctive relief, and (2) reasonable attorneys fees, pursuant to Title 17 U.S. C. § 116. The prevailing defendants, on the other hand, move for an award to them of attorneys’ fees under the same section and for reasonable expenses…”

Broadcast Music, Inc. v. Allen-Genoa Rd. Drive-In, Inc. (1984) txsd · cites it 6× “With respect to public performances of BMI’s copyrighted music via coin-operated phonorecord players (juke boxes), such public performances are subject to a compulsory license, which is obtainable by juke box operators by the registration and payment of an annual licensing fee…”

Encyclopaedia Britannica Educational Corp. v. Crooks (1982) nywd · cites it 2× “Under 17 U.S.C. § 116 of the Old Copyrights Act, it is mandatory that the court allow costs in a copyright infringement suit to the prevailing party, but under the New Act, effective January 1, 1978, this award is now discretionary, 17 U.”

Boz Scaggs Music v. KND Corp. (1980) ctd “Section 116 of the Act, 17 U.S.C. § 116 (1976), provides: “In all actions, suits, or proceedings under this title, except when brought by or against the United States or any officer thereof, full costs shall be allowed, and the court may award to the prevailing party a…”

Show all 142 citing cases →

— 17 U.S.C. § 116(e)(3) — 1 case

Asociacion de Compositores y Editores de Musica LatinoAmericana v. Copyright Royalty Tribunal (1987) ca2

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.