(5) (C) (b) To the performing rights society, the remainder of the fees to be distributed in such pro rate share as they shall by agreement stipulate among themselves, or if they fail to agree, the pro rate share to which such performing rights societies proves entitlement. (c) During the pendency of any proceeding under this section, the Copyright Commission shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have the discretion to proceed to distribute any amounts that are not in controversy. The Copyright Commission shall promulgate regulation under which persons who can reasonably be expected to have claims may, during the year in which performances take place, without expense to or harassment of operations or proprietors of establishments in which sound recording players are located, have such access to such establishments and to the sound recording players located therein and such opportunity to obtain information with respect thereto as may be reasonably necessary to determine, by sampling procedures or otherwise, the proportion of contribution of the musical works of each such person to the earnings of the sound recording players for which fees shall have been deposited. Any person who alleges that he or she has been denied the access permitted under the regulations prescribed by the Copyright Commission may bring an action in the Circuit Court for cancellation of the compulsory license of the sound recording player to which such access has been denied, and the court shall have the power to declare the compulsory license thereof invalid from the date of issue thereof. CRiMINAL PENALTIES Any person who knowingly makes a false representation of a material fact in an application filed under clause (l) (a) sub-section (b), or who knowingly alters a certificate issued under clause (1) (b) of sub-section (b) or knowingly affixes such a certificate to a sound recording player other than the one it covers, shall be fined not more than $2.500. (D) DEFINITIONS As used in this Section, the following terms and their variant forms means the following: (1) A "Coin-operated sound recording player" is a machine or device that ­ (a) Is employed solely for the performance of non-dramatic musical works by means of sound recordings upon being activated by insertion of coins, currency, tokens, or other monetary units of their equivalent; (b) Is located in an establishment making no direct or indirect charge for admission; (c) Is accompanied by a list of the titles of all the musical works available for performances on it, which list is affixed to the sound recording player or posted in the establishment in a prominent position where it can be readily examined by the public; and 23