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(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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