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 per-
formance 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fairness in Musical
Licensing Act of 1994’’.
SEC. 2. BUSINESS EXEMPTION FOR TELEVISION AND RADIO
SETS.
Section 110(5) of title 17, United States Code, is
amended to read as follows:
‘‘(5) communication of a transmission embody-
ing a performance or display of a work by the public
reception of the transmission by television or radio
sets located in a business establishment, unless a di-
rect or indirect charge is made to see or hear the
transmission;’’.
SEC. 3. CHORAL GROUP EXEMPTION FROM PUBLIC PER-
FORMANCE RIGHT.
Section 110 of title 17, United States Code, is
amended—
(1) by striking the period at the end of para-
graph (10) and inserting ‘‘; or’’; and
(2) by adding at the end the following:
‘‘(11) performance of a nondramatic musical
work by a choral group of a nonprofit educational
institution choral group, unless a direct or indirect
charge is made to hear the performance.’’.
SEC. 4. ARBITRATION OF RATE DISPUTES INVOLVING PER-
FORMING RIGHTS SOCIETIES.
Section 504 of title 17, United States Code, is
amended by adding the following:
‘‘(d) ARBITRATION.—In any civil action for infringe-
ment of the right granted in section 106(4) involving a
nondramatic musical work that is licensed by a performing
rights society or other organization authorized to license
public performances of nondramatic musical works, where
the defendant admits liability but contests the amount of
the license fee charged by such society or organization,
the dispute may, if requested by either party, be submitted
to arbitration under section 652(e) of title 28.’’.
SEC. 5. ACCESS TO REPERTOIRE.
Section 504 of title 17, United States Code, is
amended by adding at the end the following:
‘‘(e) 
COMPUTER
ACCESS
TO
MUSICAL
REP-
ERTOIRE.—Performing rights societies and other organi-
zations authorized to license nondramatic musical works
for public performances shall make available, free of
charge, to licensees or those negotiating licenses, on-line
computer access to its entire repertoire. Such access shall
include information regarding the title of the work, the
name, address, and telephone number of the author and
the copyright owner (if different), and the names of any
artists known to have performed the work.’’.