Title 17, CopyrightsRelease 119-110
§116 Negotiated Licenses for Public Performances by Means of Coin-operated Phonorecord Players
Title 17 › CHAPTER 1 — SUBJECT MATTER AND SCOPE OF COPYRIGHT › § 116
Summary
Owners of music and people who run coin-operated music players can make their own deals about how much to pay when songs are played, how to split the money among copyright owners, and who gets or pays the fees. If someone is not part of a negotiated deal, they can ask for rates and the fee split to be set in a Chapter 8 proceeding. When owners and operators reach a negotiated license, that agreement replaces any decision a Copyright Royalty Judge would otherwise make. A coin-operated phonorecord player means a machine that plays recorded, non-dramatic music when you put in coins, tokens, or money, is in a place with no admission charge, shows a posted list of available song titles, and lets patrons pick songs. An operator is someone who owns such a machine, can place it in a business, or controls which songs are offered.
Full Legal Text
Title 17, §116
Copyrights, Source: USLM XML via OLRC
(a)Applicability of Section.— (b) Negotiated Licenses.—
This section applies to any nondramatic musical work embodied in a phonorecord.
(c)License Agreements Superior to Determinations by Copyright Royalty Judges.—
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 the Copyright Royalty Judges.
(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 116, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2562; Pub. L. 100–568, § 4(b)(1), Oct. 31, 1988, 102 Stat. 2857, related to scope of exclusive rights in nondramatic musical works and compulsory licenses for public performances by means of coin-operated phonorecord players, prior to repeal by Pub. L. 103–198, § 3(a), Dec. 17, 1993, 107 Stat. 2309.
Amendments
2004—Subsec. (b)(2). Pub. L. 108–419, § 5(e)(1), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “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).” Subsec. (c). Pub. L. 108–419, § 5(e)(2), substituted “Determinations by Copyright Royalty Judges” for “Copyright Arbitration Royalty Panel Determinations” in heading and “the Copyright Royalty Judges” for “a copyright arbitration royalty panel” in text. 1997—Subsec. (b)(2). Pub. L. 105–80, § 5(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(2) Arbitration.—Parties to such a negotiation, within such time as may be specified by the Librarian of Congress by regulation, may determine the result of the negotiation by arbitration. Such arbitration shall be governed by the provisions of title 9, to the extent such title is not inconsistent with this section. The parties shall give notice to the Librarian of Congress of any determination reached by arbitration and any such determination shall, as between the parties to the arbitration, be dispositive of the issues to which it relates.” Subsec. (d). Pub. L. 105–80, § 5(2), added subsec. (d). 1993—Pub. L. 103–198, § 3(b)(1)(A), renumbered section 116A of this title as this section. Subsec. (b). Pub. L. 103–198, § 3(b)(1)(B), (C), redesignated subsec. (c) as (b), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in two places in par. (2), and struck out former subsec. (b) which related to limitation on exclusive right if licenses not negotiated. Subsec. (c). Pub. L. 103–198, § 3(b)(1)(B), (D), redesignated subsec. (d) as (c), in heading substituted “Arbitration Royalty Panel” for “Royalty Tribunal”, and in text substituted “subsection (b)” for “subsection (c)” and “a copyright arbitration royalty panel” for “the Copyright Royalty Tribunal”. Subsecs. (d) to (g). Pub. L. 103–198, § 3(b)(1)(B), (E), redesignated subsec. (d) as (c) and struck out subsecs. (e) to (g) which provided, in subsec. (e), for a schedule for negotiation of licenses, in subsec. (f), for a suspension of various ratemaking activities by the Copyright Royalty Tribunal, and in subsec. (g), for transition provisions and retention of Copyright Royalty Tribunal jurisdiction.
Statutory Notes and Related Subsidiaries
Effective Date
of 2004 AmendmentAmendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an
Effective Date
Transition Provisions note under section 801 of this title.
Effective Date
Section effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions as in effect when cause of action arose, see section 13 of Pub. L. 100–568, set out as an
Effective Date
of 1988 Amendment note under section 101 of this title.
Reference
Citations & Metadata
Citation
17 U.S.C. § 116
Title 17, Copyrights
Last Updated
Sep 22, 2026
Release point: 119-110