(5) Pending the completion of such proceeding, the individual proprietor shall have the right to perform publicly the copyrighted musical compositions in the repertoire of the performing rights society by paying an interim license rate or fee into an interest bearing escrow account with the clerk of the court, subject to retroactive adjustment when a final rate or fee has been determined, in an amount equal to the industry rate, or, in the absence of an industry rate, the amount of the most recent license rate or fee agreed to by the parties.

(6) Any decision rendered in such proceeding by a special master or magistrate judge named under paragraph (3) shall be reviewed by the judge of the court with jurisdiction over the consent decree governing the performing rights society.  Such proceeding, including such review, shall be concluded within 6 months after its commencement.

(7) Any such final determination shall be binding only as to the individual proprietor commencing the proceeding, and shall not be applicable to any other proprietor or any other performing rights society, and the performing rights society shall be relieved of any obligation of nondiscrimination among similarly situated music users that may be imposed by the consent decree governing its operations.

(8) An individual proprietor may not bring more than one proceeding provided for in this section for the determination of a reasonable license rate or fee under any license agreement with respect to any one performing rights society.

(9) For purposes of this section, the term “industry rate” means the license fee a performing rights society has agreed to with, or which has been determined by the court for, a significant segment of the music user industry to which the individual proprietor belongs.

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Chapter 5 Endnotes

1 Concerning the liability of the United States Government for copyright infringement, see 28 U.S.C. 1498.  Title 28 of the United States Code is entitled “Judiciary and Judicial Procedure.”

2 In 1998, two sections 512 were enacted into law.  On October 17, 1998, the Fairness in Music Licensing Act of 1998 was enacted.  This Act amended chapter five to add section 512 entitled “Determination of reasonable license fees for individual proprietors.”  Pub.  L. No. 105-298, 112 Stat. 2827, 2831.  On October 28, 1998, the Online Copyright Infringement Liability Limitation Act was enacted.  This Act amended chapter five to add section 512 entitled “Limitations on liability relating to material online.”  Pub.  L. No. 105-304, 112 Stat. 2860, 2877.  In 1999, a technical correction was enacted to redesignate the section 512 that was entitled “Determination of reasonable license fees for individual proprietors” as section 513.  Also, the table of sections was amended to reflect that change.  Pub.  L. No. 106-44, 113 Stat. 221.  See also endnote 10*, infra.*

3 The Berne Convention Implementation Act of 1988 amended section 501(b) by striking out “sections 205(d) and 411” and inserting in lieu thereof “section 411.”  Pub.  L. No. 100-568, 102 Stat. 2853, 2860.  The Satellite Home Viewer Act of 1988 amended section 501 by adding subsection (e).  Pub.  L. No. 100-667, 102 Stat. 3935, 3957.