ing the month of
January in each succeeding year that such performances are made
available on that particular phonorecord player, the operator shall
file in the Copyright Office, in accordance with requirements that the
Register of Copyrights, after consultation with the Copyright Royalty
Tribunal (if and when the Tribunal has been constituted), shall
prescribe by regulation, an application containing the name and address
of the operator of the phonorecord player and the manufacturer and
serial number or other explicit identification of the phonorecord
player, and deposit with the Register of Copyrights a royalty fee for
the current calendar year of $8 for that particular phonorecord player.
If such performances are made available on a particular phonorecord
player for the first time after July 1 of any year, the royalty fee to
be deposited for the remainder of that year shall be $4.
(B) Within twenty days of receipt of an application and a royalty fee
pursuant to subclause (A), the Register of Copyrights shall issue to
the applicant a certificate for the phonorecord player.
(C) On or before March 1 of the year in which the certificate
prescribed by subclause (B) of this clause is issued, or within ten
days after the date of issue of the certificate, the operator shall
affix to the particular phonorecord player, in a position where it can
be readily examined by the public, the certificate, issued by the
Register of Copyrights under subclause (B) of the latest application
made by such operator under subclause (A) of this clause with respect
to that phonorecord player.
(2) Failure to file the application, to affix the certificate, or to
pay royalty required by clause (1) of this subsection renders the
public performance actionable as an act of infringement under section
501 and fully subject to the remedies provided by sections 502 through
506 and 509.
(c) Distribution of Royalties--.
(1) The Register of Copyrights shall receive all fees deposited under
this section and, after deducting the reasonable costs incurred by the
Copyright Office under this section, shall deposit the balance in the
Treasury of the United States, in such manner as the Secretary of the
Treasury directs. All funds held by the Secretary of the Treasury
shall be invested in interest-bearing United States securities for
later distribution with interest by the Copyright Royalty Tribunal as
provided by this title. The Register shall submit
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