(c) License Agreements Superior to Copyright Arbitration Royalty Panel
Determinations. License agreements between one or more copyright owners
and one or more operators of coin-operated phonorecord players, which
are negotiated in accordance with subsection (b), shall be given effect
in lieu of any otherwise applicable determination by a copyright
arbitration royalty panel.
(d) Definitions. As used in this section, the following terms mean the
following:
(1) A "coin-operated phonorecord player" is a machine or device that-
(A) is employed solely for the performance of nondramatic musical works
by means of phonorecords upon being activated by the insertion of coins,
currency, tokens, or other monetary units or their equivalent;
(B) is located in an establishment making no direct or indirect charge
for admission;
(C) is accompanied by a list which is comprised of the titles of all the
musical works available for performance on it, and is affixed to the
phonorecord player or posted in the establishment in a prominent
position where it can be readily examined by the public; and
(D) 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.
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