(1) The proprietor of the establishment in which the public
performance takes place is not liable for infringement with respect to
such public performance unless-

(A) such proprietor is the operator of the phonorecord player;
or

(B) such proprietor refuses or fails, within one month after
receipt by registered or certified mail of a request, at a time
during which the certificate required by clause (1)(C) of subsection
(b) is not affixed to the phonorecord player, by the copyright owner,
to make full disclosure, by registered or certified mail, of the
identity of the operator of the operator of the phonorecord player.

(2) The operator of the coin-operated phonorecord player may
obtain a compulsory license to perform the work publicly on that
phonorecord player by filing the application, affixing the
certificate, and paying the royalties provided by subsection (b).

(b) Recordation of Coin-Operated Phonorecord Player, Affixation of
Certificate, and Royalty Payable under Compulsory License.- Any
operator who wishes to obtain a compulsory license for the public
performance of works on a coin-operated phonorecord player shall
fulfill the following requirements:

(A) Before or within one month after such performances are made
available on a particular phonorecord player, and during the month
of January in each succeeding year that such performances are made
available on that particular phonorecord player, the operator shall