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1 hereinafter referred to as the "Tribunal') certifies by publica2 tion in the Federal Register that negotiated licenses author3 ized by subsection (c) have not come into effect to provide 4 permission to use a quantity of musical works not substantial5 ly smaller than the quantity of such works performed on coin6 operated phonorecord players during the 1-year period prior 7 to the effective date of that Act, then section 116 of this title 8 as in effect on the day before the effective date of that Act 9 shall be effective with respect to musical works that are not 10 the subject of such negotiated licenses.

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“(c)(1) Notwithstanding any other provision of law, any 12 owner of a copyright in a work to which this section applies 13 and any operator of a coin-operated phonorecord player

14 may

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"(A) negotiate and agree on the terms and rates of royalty payments for the performance of such works

and the proportionate division of fees paid among various copyright owners; and

"(B) designate common agents to negotiate, agree

to, pay, or receive such royalty payments.

“(2)(A) A party to a negotiation referred to in paragraph

22 (1), within the time as may be specified by a regulation of the 23 Tribunal, may determine the result of the negotiation by

24 arbitration.

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"(B) The arbitration referred to in subparagraph (A)

2 shall be governed by the provisions of title 9, to the extent

3 that such title is not inconsistent with this section.

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"(C) The parties to the negotiations shall give the Tri

5 bunal notice of any determination reached by arbitration.

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"(D) Any determination made through arbitration shall, 7 as between the parties to the arbitration, be dispositive of the 8 issues to which it relates.

9 "(d) License agreements between one or more copyright 10 owner and one or more operator of coin-operated phonorec11 ord players, which are negotiated in accordance with subsec12 tion (c), shall be given effect in lieu of any otherwise applica13 ble determination by the Tribunal.

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“(e) If, within 60 days after the effective date of the

15 Berne Convention Implementation Act of 1987, the Chair16 man of the Tribunal has not received notice of the date and 17 location of the first meeting between copyright owners and 18 owners of coin-operated phonorecord players, referred to in 19 subsection (c)(1), from such owners or operators, the Chair20 man shall determine and announce the date and location of 21 such meeting, but in no event shall such meeting be held 22 more than 90 days after the effective date of that Act. 23 "(f) The Tribunal shall not conduct any ratemaking ac24 tivity with respect to coin-operated phonorecord players 25 unless, at any time beginning 1-year after the effective date

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1 of the Berne Convention Implementation Act of 1987, the 2 negotiated licenses adopted by the parties under this section 3 do not provide permission to use a quantity of musical works 4 not substantially smaller than the quantity of such works 5 performed on coin-operated phonorecord players during the 6 1-year period ending on the effective date of such Act.

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"(g)(1) Until such time as licensing provisions are deter8 mined by the parties under this section, the terms of the com9 pulsory license, with respect to the public performance of 10 nondramatic musical works by means of coin-operated phono11 record players, that is in effect on the day before the effective 12 date of the Berne Convention Implementation Act of 1987, 13 shall remain in force.

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"(2) If the negotiated licenses authorized by this section 15 come into force so as to supersede previous determinations of 16 the Tribunal as provided in subsection (d), but thereafter are 17 terminated or expire without replacement by subsequent 18 agreements, then section 116 of this title, as in effect on the 19 day before the effective date of the Berne Convention Imple20 mentation Act of 1987, shall be effective with respect to mu21 sical works that are not the subject of such negotiated 22 licenses.

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"(h) As used in this section, the following terms and

24 their variant forms means the following:

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"(1) A 'coin-operated phonorecord player' is a

machine or device that

"(A) is employed solely for the performance of non-dramatic musical works by means of phonorecords upon being activated by 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 of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player

or posted in the establishment in a prominent po

sition 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.

"(2) An ‘operator' is any person who, alone or jointly with others—

"(A) owns a coin-operated phonorecord

player; or

"(B) has the power to make a coin-operated phonorecord player available for placement in an

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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 coinoperated phonorecord player."; and

(6) by adding at the end thereof the following new section:

9 "8119. Scope of exclusive rights in architectural works "(a) The exclusive rights of a copyright owner in an 11 architectural work shall apply only to the artistic character 12 and artistic design of the work, and shall not extend to proc13 esses or methods of construction.

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"(b) The copyright in an architectural work does not 15 include the right to prevent the making, distributing, or 16 public display of pictures, paintings, photographs, or other 17 pictorial representations of the work, when the work is 18 erected in a location accessible to the public.

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"(c) The owner of a copyright in an architectural

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"(1) shall not be entitled to obtain an injunction under section 502 of this title to restrain the construction or use of an infringing building, if construction has substantially begun; and

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