musical works by means of phonorecords upon being activated by
insertion of coins, currency, tokens, or other monetary units or
their equivalent;

(B) is located in an establishment making no direct or indirect
charge for admission;

(C) is accompanied by a list of titles of all the musical works
available for performance on it, which list is affixed to the
phonorecord player or posted in the establishment in a prominent
position where it can be readily examined by the public; and

(D) affords a choice of works available for performance and
permits the choice to be made by the patrons of the establishment
in which it is located.

(2) An "operator" is any person who, alone or jointly with others:

(A) owns a coin-operated phonorecord player; or

(B) has the power to make a coin-operated phonorecord player
available for placement in an establishment for purposes of public
performance; or

(C) has the power to exercise primary control over the selection
of the musical works made available for public performance on a
coin-operated phonorecord player.

(3) A "performing rights society" is an association or corporation
that licenses the public performance of nondramatic musical works on