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1. Limitations on liability relating tomaterial online (a) Transitory Digital Network Communications.-A serviceprovider shall not be liable for monetary relief, or, except asprovided in subsection
(b), for injunctive or other equitable relief, for infringementof copyright by reason of the provider's transmitting, routing,or providing connections for, material through a system ornetwork controlled or operated by or for the service provider,or by reason of the intermediate and transient storage of thatmaterial in the course of such transmitting, routing, orproviding connections, if:
(1) the transmission of the material was initiated by or at thedirection of a person other than the service provider;
(2) the transmission, routing, provision of connections, orstorage is carried out through an automatic technical processwithout selection of the material by the service provider;
(3) the service provider does not select the recipients of thematerial except as an automatic response to the request ofanother person;
(4) no copy of the material made by the service provider in thecourse of such intermediate or transient storage is maintainedon the system or network in a manner ordinarily accessible toanyone other than anticipated recipients, and no such copy ismaintained on the system or network in a manner ordinarilyaccessible to such anticipated recipients for a longer periodthan is reasonably necessary for the transmission, routing, orprovision of connections; and
(5) the material is transmitted through the system or networkwithout modification of its content. 2. Determination of reasonable license feesfor individual proprietors In the case of any performing rightssociety subject to a consent decree which provides for thedetermination of reasonable license rates or fees to be chargedby the performing rights society, notwithstanding the provisionsof that consent decree, an individual proprietor who owns oroperates fewer than 7 non-publicly traded establishments inwhich nondramatic musical works are performed publicly and whoclaims that any license agreement offered by that performingrights society is unreasonable in its license rate or fee as tothat individual proprietor, shall be entitled to determinationof a reasonable license rate or fee as follows:
(1) The individual proprietor may commence such proceeding fordetermination of a reasonable license rate or fee by filing anapplication in the applicable district court under paragraph (2)that a rate disagreement exists and by serving a copy of theapplication on the performing rights society. Such proceedingshall commence in the applicable district court within 90 daysafter the service of such copy, except that such 90-dayrequirement shall be subject to the administrative requirementsof the court.
(2) The proceeding under paragraph (1) shall be held, at theindividual proprietor's election, in the judicial district ofthe district court with jurisdiction over the applicable consentdecree or in that place of holding court of a district courtthat is the seat of the Federal circuit (other than the Court ofAppeals for the Federal Circuit) in which the proprietor'sestablishment is located.
(3) Such proceeding shall be held before the judge of the courtwith jurisdiction over the consent decree governing theperforming rights society. At the discretion of the court, theproceeding shall be held before a special master or magistratejudge appointed by such judge. Should that consent decreeprovide for the appointment of an advisor or advisors to thecourt for any purpose, any such advisor shall be the specialmaster so named by the court.
(4) In any such proceeding, the industry rate shall be presumedto have been reasonable at the time it was agreed to ordetermined by the court. Such presumption shall in no way affecta determination of whether the rate is being correctly appliedto the individual proprietor.
(5) Pending the completion of such proceeding, the individualproprietor shall have the right to perform publicly thecopyrighted musical compositions in the repertoire of theperforming rights society by paying an interim license rate orfee into an interest bearing escrow account with the clerk ofthe court, subject to retroactive adjustment when a final rateor fee has been determined, in an amount equal to the industryrate, or, in the absence of an industry rate, the amount of themost recent license rate or fee agreed to by the parties.
(6) Any decision rendered in such proceeding by a special masteror magistrate judge named under paragraph (3) shall be reviewedby the judge of the court with jurisdiction over the consentdecree governing the performing rights society. Such proceeding,including such review, shall be concluded within 6 months afterits commencement.
(7) Any such final determination shall be binding only as to theindividual proprietor commencing the p! roceeding, and shall notbe applicable to any other proprietor or any other performingrights society, and the performing rights society shall berelieved of any obligation of nondiscrimination among similarlysituated music users that may be imposed by the consent decreegoverning its operations.
( 8 ) An individual proprietor may not bring more than oneproceeding provided for in this section for the determination ofa reasonable license rate or fee under any license agreementwith respect to any one performing rights society.For controversial reasons, if you enter this site withthe intent to harm any person(s) associated with viethak.com, you must leave now. You are forbidden to enterthis site. This site is a Transitory Digital Network intendedfor private users only, simply for educational purposes. If youdo continue, you are not agreeing to these terms and you areviolating code 431.322.12 of the Internet Privacy Act signed byBill Clinton in 1995 and that means that you CANNOT threaten orharm our ISP(s) or any person(s) or company storing this site,and cannot prosecute any person(s) affiliated with this domain which includes family, friends or individuals who run or enterthis web site. By continuing, you are expressly andimpliedly agreeing to all terms as stated above, and affirm that you are in compliance with all federal, state and local lawsconcerning the content of this site. By going any further into viethak.com you Agree to all of the above, otherwise youmust leave this web site immediately.