AUTHORITY FOR NEGOTIATIONS Clause Samples

AUTHORITY FOR NEGOTIATIONS. (1) Notwithstanding any provision of the antitrust laws, in negotiating statutory li- censes in accordance with subsection (f), any copyright owners of sound recordings and any entities performing sound recordings affected by this section may negotiate and agree upon the royalty rates and license terms and condi- tions for the performance of such sound re- cordings and the proportionate division of fees paid among copyright owners, and may des- ignate common agents on a nonexclusive basis to negotiate, agree to, pay, or receive pay- ments. (2) For licenses granted under section 106(6), other than statutory licenses, such as for per- formances by interactive services or perform- ances that exceed the sound recording per- formance complement— (A) copyright owners of sound recordings affected by this section may designate com- mon agents to act on their behalf to ▇▇▇▇▇ ▇▇- censes and receive and remit royalty pay- ments: Provided, That each copyright owner shall establish the royalty rates and mate- rial license terms and conditions unilater- ally, that is, not in agreement, combination, or concert with other copyright owners of sound recordings; and (B) entities performing sound recordings affected by this section may designate com- mon agents to act on their behalf to obtain licenses and collect and pay royalty fees: Provided, That each entity performing sound recordings shall determine the royalty rates and material license terms and conditions unilaterally, that is, not in agreement, com- bination, or concert with other entities per- forming sound recordings.