(8) An individual proprietor may not bring more than one proceeding
provided for in this section for the determination of a reasonable
license rate or fee under any license agreement with respect to any one
performing rights society.
(9) For purposes of this section, the term "industry rate" means the
license fee a performing rights society has agreed to with, or which has
been determined by the court for, a significant segment of the music
user industry to which the individual proprietor belongs.
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Chapter 5 Endnotes
1 Concerning the liability of the United States Government for
copyright infringement, see 28 U.S.C. 1498. Title 28 of the *United
States Code* is entitled "Judiciary and Judicial Procedure."
2 In 1998, two sections 512 were enacted into law. On October 17, 1998,
the Fairness in Music Licensing Act of 1998 was enacted. This Act
amended chapter five to add section 512 entitled "Determination of
reasonable license fees for individual proprietors." Pub. L. No.
105-298, 112 Stat. 2827, 2831. On October 28, 1998, the Online Copyright
Infringement Liability Limitation Act was enacted.
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