5

building or other structure located in the territory

of a Berne Union member; or.

"(5) in the case of an architectural work in the form of a building or other 3-dimensional structure, the work is erected in the territory of a Berne Union member.

"A 'Berne Union member' is a country or nation that is bound by any one of the texts of the Berne Convention."; and

(C) in the definition of "pictorial, graphic, and sculptural works", by inserting before the period at the end of the first sentence the following: ", other than architectural works";

(2) in section 102(a)

(A) by striking out "and" at the end of paragraph (6);

(B) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; and

(C) by adding at the end thereof the follow

ing new paragraph:

"(8) architectural works.";

(3) in section 104(b)

(A) by redesignating paragraph (4) as para

graph (5); and

S 1301 IS

1

2

3

4

5

6

7

8

9

10

11

12

6

(B) by inserting after paragraph (3) the fol

lowing new paragraph (4):

"(4) the work is a Berne Convention work; or";

(4) in section 108(a)—

(A) by inserting after the semicolon at the end of paragraph (1), “and”;

(B) by striking out "; and" at the end of

paragraph (2) and inserting in lieu thereof a period; and

(C) by repealing paragraph (3);

(5) by striking out section 116 and inserting in

lieu thereof the following:

13 "8116. Scope of exclusive rights in nondramatic musical

14

15

16

works: Public performances by means of

coin-operated phonorecord players

"(a) This section applies to any nondramatic musical

17 work embodied in a phonorecord.

18

"(b)(1) In the case of a work to which this section ap19 plies, the exclusive right under paragraph (4) of section 106 20 to perform the work publicly by means of a coin-operated 21 phonorecord player is limited to the extent that paragraph (2) 22 applies.

23

"(2) If, within 1 year after the effective date of the 24 Berne Convention Implementation Act of 1987, the Copy25 right Royalty Tribunal, (as established by section 801, and

8:1301, IS

7

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.

11

"(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

15

16

17

18

19

20

21

"(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.

OS 1801, IS

8

1

"(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.

4

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

5 bunal notice of any determination reached by arbitration.

6

"(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.

14

"(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

OS 1301 IS

9

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.

7

“(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.

14

"(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.

23

"(h) As used in this section, the following terms and 24 their variant forms means the following: