Negotiated Licenses.-

(1) Authority for negotiations. Any owners of copyright in works to
which this section applies and any operators of coin-operated
phonorecord players may negotiate and agree upon the terms and rates of
royalty payments for the performance of such works and the proportionate
division of fees paid among copyright owners, and may designate common
agents to negotiate, agree to, pay, or receive such royalty payments.

(2) Arbitration. Parties not subject to such a negotiation, may
determine, by arbitration in accordance with the provisions of chapter
8, the terms and rates and the division of fees described in paragraph
(1).

(c) License Agreements Superior to Copyright Arbitration Royalty Panel
Determinations. License agreements between one or more copyright owners
and one or more operators of coin-operated phonorecord players, which
are negotiated in accordance with subsection (b), shall be given effect
in lieu of any otherwise applicable determination by a copyright
arbitration royalty panel.

(d) Definitions. As used in this section, the following terms mean the
following:

(1) A "coin-operated phonorecord player" is a machine or device that-

(A) is employed solely for the performance of nondramatic musical works
by means of phonorecords upon being activated by the insertion of coins,
currency, tokens, or other monetary units or their equivalent;

(B) is located in an establishment making no direct or indirect charge
for admission;

(C) is accompanied by a list which is comprised of the titles of all the
musical works available for performance on it, and is affixed to the
phonorecord player or posted in the establishment in a prominent
position where it can be readily examined by the public; and

(D) affords a choice of works available for performance and permits 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;

(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.

Section 117. Limitations on exclusive rights: Computer programs [53]

(a) Making of Additional Copy or Adaptatio