mits the
choice to be made by the patrons of the establishment in which it is
located.
(2) An "operator" is any person who, alone or jointly with others:
(A) owns a coin-operated phonorecord player; or
(B) has the power to make a coin-operated phonorecord player available
for placement in an establishment for purposes of public performance; or
(C) has the power to exercise primary control over the selection of the
musical works made available for public performance on a coin-operated
phonorecord player.
(3) A "performing rights society" is an association or corporation that
licenses the public performance of nondramatic musical works on behalf
of the copyright owners, such as the American Society of Composers,
Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.
Section 117. Limitations on exclusive rights: Computer programs.
Notwithstanding the provisions of section 106, it is not an
infringement for the owner of a copy of a computer program to make or
authorize the making of another copy or adaptation of that computer
program provided:
(1) that such a new copy or adaptation is created as an essential step
in the utilization of the computer program in conjunction with a
machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and
that all archival copies are destroyed in the event that continued
possession of the computer program should cease to be rightful. Any
exact copies prepared in accordance with the provisions of this section
may be leased, sold, or otherwise transferred, along with the copy from
which such copies were prepared, only as part of the lease, sale, or
other transfer of all rights in the program. Adaptations so prepared
may be transferred only with the authorization of the copyright owner.
Section 118. Scope of exclusive rights: Use of certain works in
connection with noncommercial broadcasting.
(a) The exclusive rights provided by section 106 shall, with respect to
the works specified by subsection (b) and the activities specified by
subsection (d), be subject to the conditions and limitations prescribed
by this section.
(b) Not later than thirty days after the Copyright Royalty Tribunal has
been constituted in accordance with section 802, the Chairman of the
Tribunal shall cause notice to be published in the Federal Register of
the initiation of proceedings for the purpose of determining reasona
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