(1)
(2)
B.
The proprietor of the establishment in which the performance takes place is
not liable for infringement with respect to such public performances unless:
a.
Such proprietor is the operator of the sound recording player; or
b.
Such proprietor refuses or fail, within one month after receipt by
registered or certified mail of a request, at a time during which the
certificate required by clause (1) (c) of sub-section (b) is not affixed
to the phonorecord player, by the copyright owner, to make full
disclosure, by registered or certified mail, of the identity of the
operator of the sound recording player.
The operator of the coin-operated sound recording player may obtain a
compulsory license to perform the work publicly on that sound recording
player by filling the application, affixing the certificate, and paying the
royalties provided by sub-section (b).
DISTRIBUTION OF ROYALTIES
(1)
The Director General of copyright shall receive all fees deposited under this
section and, after deducting the reasonable cost incurred by the Copyright
Office under this section, shall deposit the balance in Ministry of Finance of
Liberia, in such manner as the Minister of Finance directs. The Director
General shall submit to the Copyright Board on an annual basis, a detailed
statement of account covering all fees received for the relevant period
provided by sub-section (b).
(2)
During the month of January of each year, every person claiming to be
entitled to compulsory license fees under this section for performances
during the preceding twelve-months period shall file a claim with the
Copyright Commission in accordance with requirements that the
Commission shall prescribe by regulation. Such claim shall include an
agreement to accept as final, except as provided in the section under judicial
review, the determination of the Copyright Commission in any controversy
concerning the distribution of royalty fees deposited under sub-section (b)
(1) of this section to which the claimant is a party; for purposes of this sub
section, any claimant may agree among themselves as to the proportionate
division of compulsory licensing fees among them, may lump their claim
together and or file them jointly or as a single claim, or may designate a
common agent to receive payment on their behalf.
(3)
After the first day of November of each year, the Copyright Commission
shall determine whether there exist a controversy concerning the distribution
of royalty fees deposited under sub-section (b) (1). If the Commission
determines that no such controversy exists, it shall, after deducting its
reasonable administrative costs under this section, distribute such fees to the
copyright owners entitled, or to their designated agents. If it finds that such a
controversy exists, it shall, conduct a proceeding to determine the
distribution of royalty fees.
(4)
The fees to be distributed shall be divided as follows:
(a)
To every copyright owner not affiliated with a performing rights
society, the pro rate share of the fees to be distributed to which such
copyright owner proves entitlement.
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