(e) Authority for Negotiations.-
(1) Notwithstanding any provision of the antitrust laws, in negotiating
statutory licenses in accordance with subsection (f), any copyright
owners of sound recordings and any entities performing sound recordings
affected by this section may negotiate and agree upon the royalty rates
and license terms and conditions for the performance of such sound
recordings and the proportionate division of fees paid among copyright
owners, and may designate common agents on a nonexclusive basis to
negotiate, agree to, pay, or receive payments.
(2) For licenses granted under section 106(6), other than statutory
licenses, such as for performances by interactive services or
performances that exceed the sound recording performance complement
(A) copyright owners of sound recordings affected by this section may
designate common agents to act on their behalf to grant licenses and
receive and remit royalty payments: *Provided*, That each copyright
owner shall establish the royalty rates and material license terms and
conditions unilaterally, that is, not in agreement, combination, or
concert with other copyright owners of sound recordings; and
(B) entities performing sound recordings affected by this section may
designate common agents to act on their behalf to obtain licenses and
collect and pay royalty fees: *Provided*, That each entity performing
sound recordings shall determine the royalty rates and material license
terms and conditions unilaterally, that is, not in agreement,
combination, or concert with other entities performing sound recordings.
Pages:
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120