(d)
(2)
(3)
SECTION:
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.
An "Operator" is any person who alone or jointly with others:
(a)
Owns a coin-operated sound recording player; or
(b)
Has the power to make a coin-operated sound recording player
available for placement in a 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 sound recording player.
A "Performing Rights Society" is as association or corporation that licenses
the public performance of non-dramatic musical works on behalf of the
copyright owners, such as the Musician Association, Authors and Publishers,
Broadcast Music, Inc. (or collective society).
2.19
SCOPE OF EXCLUSIVE RIGHTS: USE OF CERTAIN
WORKS IN CONNECITN WITH NON-COMERCIAL
BROADCASTING
(a)
The exclusive rights provided by section 2.6 shall, with respect to the works
specified by sub-section (b) and the activities specified by sub-section (c), subject to
the condition and limitations prescribed by this section.
(b)
Not later than 15 days after the Copyright Board has been constituted in accordance
with Section 2.5, the Director General shall cause notice to be published in the
Official Gazette of the initiation of proceedings for the purpose of determining
reasonable terms and rates of royalty payments for the activities specified by sub
section (c) with respect to published non-dramatic musical works and published
pictorial, graphic, and sculptural works. Copyright owners and public broadcasting
entitles shall negotiate in good faith and cooperate fully with the Board in an effort to
reach reasonable and expeditious result. Notwithstanding, any provision of Anti
Trust Laws, any owners of copyright in works specified by this sub-section and any
public broadcasting entities respectively, may negotiate and agree upon the terms and
rates of royalty payments and the proportionate division of fees paid copyright
owners, and may designate common agents to negotiate, agree to pay, or receive
payments, provided:
(1)
Any owner of copyright in a work specified in this sub-section or any public
broadcasting entity may, within 60 days after publication of the notice
specified in this sub-section, submit to the Copyright Board proposed
licenses covering such activities with respect to such works. The Copyright
Board shall proceed on the basis of the proposal submitted to it as well as
any other relevant information. The copyright board shall permit any
interested party to submit information relevant to such proceedings.
(2)
License agreements voluntarily negotiated at any time between one of more
public broadcasting entities shall be given effect in lieu of any determination
by the Board provided, that copies of such agreements are filed in the
24
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