[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 4936 Introduced in House (IH)] 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. Be it enacted by the Senate and House of Representatives 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 embodying 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 direct or indirect charge is made to see or hear the transmission;''. SEC. 3. CHORAL GROUP EXEMPTION FROM PUBLIC PERFORMANCE RIGHT. Section 110 of title 17, United States Code, is amended-- (1) by striking the period at the end of paragraph (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 PERFORMING RIGHTS SOCIETIES. Section 504 of title 17, United States Code, is amended by adding the following: ``(d) Arbitration.--In any civil action for infringement 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 Repertoire.--Performing rights societies and other organizations 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.''. SEC. 6. CONFORMING AMENDMENTS. (a) Definition.--Section 101 of title 17, United States Code, is amended by inserting after to ``perform'' a work the following: ``A `performing rights society' is an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.''. (b) Amendment to title 28, United States Code.--Section 652 of title 28, United States Code, is amended by adding at the end the following: ``(e) Certain Copyright Actions.--In any civil action for infringement of the right granted in section 106(4) of title 17 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 district court may, if requested by either party, refer the dispute to arbitration with respect to that defendant. Each district court shall establish procedures by local rule authorizing the use of arbitration under this subsection.''. <all>