Page:United States Statutes at Large Volume 112 Part 5.djvu/75

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PUBLIC LAW 105-298—OCT. 27, 1998 112 STAT. 2833 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.". (b) TECHNICAL AND CONFORMING AMENDMENT.— The table of sections for chapter 5 of title 17, United States Code, is amended by adding after the item relating to section 511 the following: "512. Determination of reasonable license fees for individual proprietors.". SEC. 204. PENALTIES. Section 504 of title 17, United States Code, is amended by adding at the end the following: "(d) ADDITIONAL DAMAGES IN CERTAIN CASES. — In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a cop5n-ighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.". SEC. 205. DEFINITIONS. Section 101 of title 17, United States Code, is amended— (1) by inserting after the definition of "display" the following: "An 'establishment' is a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly. "A 'food service or drinking establishment' is a restaurant, inn, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink, in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly."; (2) by inserting after the definition of "fixed" the following: "The 'gross square feet of space' of an establishment means the entire interior space of that establishment, and any adjoining outdoor space used to serve patrons, whether on a seasonal basis or otherwise."; (3) by inserting after the definition of "perform" the following: "A 'performing rights society' is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Pubhshers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc."; and (4) by inserting after the definition of "pictorial, graphic and sculptural works" the following: "A 'proprietor' is an individual, corporation, partnership, or other entity, as the case may be, that owns an establishment or a food service or drinking establishment, except that no