I

103D CONGRESS

2D SESSION H. R. 4936

To amend title 17, United States Code, to exempt business establishments

from copyright fees for the public performance of nondramatic musical

works by television and radio sets, to exempt certain choral groups

from paying copyright fees, to provide for court-annexed arbitration

in royalty disputes involving performing rights societies, and to ensure

computer access to music repertoire.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 10, 1994

Mr. REED (for himself, Mr. SENSENBRENNER, Mr. SYNAR, Mr. ROSE, Mr.

GEKAS, and Mr. ZELIFF) introduced the following bill, which was referred

to the Committee on the Judiciary

A BILL

To amend title 17, United States Code, to exempt business

establishments from copyright fees for the public performance of nondramatic musical works by television and

radio sets, to exempt certain choral groups from paying

copyright fees, to provide for court-annexed arbitration

in royalty disputes involving performing rights societies,

and to ensure computer access to music repertoire.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fairness in Musical

3 Licensing Act of 1994’’.

4 SEC. 2. BUSINESS EXEMPTION FOR TELEVISION AND RADIO

5 SETS.

6 Section 110(5) of title 17, United States Code, is

7 amended to read as follows:

8 ‘‘(5) communication of a transmission embody9 ing a performance or display of a work by the public

10 reception of the transmission by television or radio

11 sets located in a business establishment, unless a di12 rect or indirect charge is made to see or hear the

13 transmission;’’.

14 SEC. 3. CHORAL GROUP EXEMPTION FROM PUBLIC PER15 FORMANCE RIGHT.

16 Section 110 of title 17, United States Code, is

17 amended—

18 (1) by striking the period at the end of para19 graph (10) and inserting ‘‘; or’’; and

20 (2) by adding at the end the following:

21 ‘‘(11) performance of a nondramatic musical

22 work by a choral group of a nonprofit educational

23 institution choral group, unless a direct or indirect

24 charge is made to hear the performance.’’.
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1 SEC. 4. ARBITRATION OF RATE DISPUTES INVOLVING PER2 FORMING RIGHTS SOCIETIES.

3 Section 504 of title 17, United States Code, is

4 amended by adding the following:

5 ‘‘(d) ARBITRATION.—In any civil action for infringe6 ment of the right granted in section 106(4) involving a

7 nondramatic musical work that is licensed by a performing

8 rights society or other organization authorized to license

9 public performances of nondramatic musical works, where

10 the defendant admits liability but contests the amount of

11 the license fee charged by such society or organization,

12 the dispute may, if requested by either party, be submitted

13 to arbitration under section 652(e) of title 28.’’.

14 SEC. 5. ACCESS TO REPERTOIRE.

15 Section 504 of title 17, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(e) COMPUTER ACCESS TO MUSICAL REP18 ERTOIRE.—Performing rights societies and other organi19 zations authorized to license nondramatic musical works

20 for public performances shall make available, free of

21 charge, to licensees or those negotiating licenses, on-line

22 computer access to its entire repertoire. Such access shall

23 include information regarding the title of the work, the

24 name, address, and telephone number of the author and

25 the copyright owner (if different), and the names of any

26 artists known to have performed the work.’’.
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1 SEC. 6. CONFORMING AMENDMENTS.

2 (a) DEFINITION.—Section 101 of title 17, United

3 States Code, is amended by inserting after to ‘‘perform’’

4 a work the following:

5 ‘‘A ‘performing rights society’ is an association

6 or corporation that licenses the public performance

7 of nondramatic musical works on behalf of copyright

8 owners of such works, such as the American Society

9 of Composers, Authors and Publishers, Broadcast

10 Music, Inc., and SESAC, Inc.’’.

11 (b) AMENDMENT TO TITLE 28, UNITED STATES

12 CODE.—Section 652 of title 28, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(e) CERTAIN COPYRIGHT ACTIONS.—In any civil ac15 tion for infringement of the right granted in section

16 106(4) of title 17 involving a nondramatic musical work

17 that is licensed by a performing rights society or other

18 organization authorized to license public performances of

19 nondramatic musical works, where the defendant admits

20 liability but contests the amount of the license fee charged

21 by such society or organization, the district court may, if

22 requested by either party, refer the dispute to arbitration

23 with respect to that defendant. Each district court shall

24 establish procedures by local rule authorizing the use of

25 arbitration under this subsection.’’.

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