
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC114]

 
                          TITLE 17--COPYRIGHTS
 
            CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
 
Sec. 114. Scope of exclusive rights in sound recordings

    (a) The exclusive rights of the owner of copyright in a sound 
recording are limited to the rights specified by clauses (1), (2), (3) 
and (6) of section 106, and do not include any right of performance 
under section 106(4).
    (b) The exclusive right of the owner of copyright in a sound 
recording under clause (1) of section 106 is limited to the right to 
duplicate the sound recording in the form of phonorecords or copies that 
directly or indirectly recapture the actual sounds fixed in the 
recording. The exclusive right of the owner of copyright in a sound 
recording under clause (2) of section 106 is limited to the right to 
prepare a derivative work in which the actual sounds fixed in the sound 
recording are rearranged, remixed, or otherwise altered in sequence or 
quality. The exclusive rights of the owner of copyright in a sound 
recording under clauses (1) and (2) of section 106 do not extend to the 
making or duplication of another sound recording that consists entirely 
of an independent fixation of other sounds, even though such sounds 
imitate or simulate those in the copyrighted sound recording. The 
exclusive rights of the owner of copyright in a sound recording under 
clauses (1), (2), and (3) of section 106 do not apply to sound 
recordings included in educational television and radio programs (as 
defined in section 397 of title 47) distributed or transmitted by or 
through public broadcasting entities (as defined by section 118(g)): 
Provided, That copies or phonorecords of said programs are not 
commercially distributed by or through public broadcasting entities to 
the general public.
    (c) This section does not limit or impair the exclusive right to 
perform publicly, by means of a phonorecord, any of the works specified 
by section 106(4).
    (d) Limitations on Exclusive Right.--Notwithstanding the provisions 
of section 106(6)--
        (1) Exempt transmissions and retransmissions.--The performance 
    of a sound recording publicly by means of a digital audio 
    transmission, other than as a part of an interactive service, is not 
    an infringement of section 106(6) if the performance is part of--
            (A) a nonsubscription broadcast transmission;
            (B) a retransmission of a nonsubscription broadcast 
        transmission: Provided, That, in the case of a retransmission of 
        a radio station's broadcast transmission--
                (i) the radio station's broadcast transmission is not 
            willfully or repeatedly retransmitted more than a radius of 
            150 miles from the site of the radio broadcast transmitter, 
            however--
                    (I) the 150 mile limitation under this clause shall 
                not apply when a nonsubscription broadcast transmission 
                by a radio station licensed by the Federal 
                Communications Commission is retransmitted on a 
                nonsubscription basis by a terrestrial broadcast 
                station, terrestrial translator, or terrestrial repeater 
                licensed by the Federal Communications Commission; and
                    (II) in the case of a subscription retransmission of 
                a nonsubscription broadcast retransmission covered by 
                subclause (I), the 150 mile radius shall be measured 
                from the transmitter site of such broadcast 
                retransmitter;

                (ii) the retransmission is of radio station broadcast 
            transmissions that are--
                    (I) obtained by the retransmitter over the air;
                    (II) not electronically processed by the 
                retransmitter to deliver separate and discrete signals; 
                and
                    (III) retransmitted only within the local 
                communities served by the retransmitter;

                (iii) the radio station's broadcast transmission was 
            being retransmitted to cable systems (as defined in section 
            111(f)) by a satellite carrier on January 1, 1995, and that 
            retransmission was being retransmitted by cable systems as a 
            separate and discrete signal, and the satellite carrier 
            obtains the radio station's broadcast transmission in an 
            analog format: Provided, That the broadcast transmission 
            being retransmitted may embody the programming of no more 
            than one radio station; or
                (iv) the radio station's broadcast transmission is made 
            by a noncommercial educational broadcast station funded on 
            or after January 1, 1995, under section 396(k) of the 
            Communications Act of 1934 (47 U.S.C. 396(k)), consists 
            solely of noncommercial educational and cultural radio 
            programs, and the retransmission, whether or not 
            simultaneous, is a nonsubscription terrestrial broadcast 
            retransmission; or

            (C) a transmission that comes within any of the following 
        categories--
                (i) a prior or simultaneous transmission incidental to 
            an exempt transmission, such as a feed received by and then 
            retransmitted by an exempt transmitter: Provided, That such 
            incidental transmissions do not include any subscription 
            transmission directly for reception by members of the 
            public;
                (ii) a transmission within a business establishment, 
            confined to its premises or the immediately surrounding 
            vicinity;
                (iii) a retransmission by any retransmitter, including a 
            multichannel video programming distributor as defined in 
            section 602(12) \1\ of the Communications Act of 1934 (47 
            U.S.C. 522(12)), of a transmission by a transmitter licensed 
            to publicly perform the sound recording as a part of that 
            transmission, if the retransmission is simultaneous with the 
            licensed transmission and authorized by the transmitter; or
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                (iv) a transmission to a business establishment for use 
            in the ordinary course of its business: Provided, That the 
            business recipient does not retransmit the transmission 
            outside of its premises or the immediately surrounding 
            vicinity, and that the transmission does not exceed the 
            sound recording performance complement. Nothing in this 
            clause shall limit the scope of the exemption in clause 
            (ii).

        (2) Statutory licensing of certain transmissions.--The 
    performance of a sound recording publicly by means of a subscription 
    digital audio transmission not exempt under paragraph (1), an 
    eligible nonsubscription transmission, or a transmission not exempt 
    under paragraph (1) that is made by a preexisting satellite digital 
    audio radio service shall be subject to statutory licensing, in 
    accordance with subsection (f) if--
            (A)(i) the transmission is not part of an interactive 
        service;
            (ii) except in the case of a transmission to a business 
        establishment, the transmitting entity does not automatically 
        and intentionally cause any device receiving the transmission to 
        switch from one program channel to another; and
            (iii) except as provided in section 1002(e), the 
        transmission of the sound recording is accompanied, if 
        technically feasible, by the information encoded in that sound 
        recording, if any, by or under the authority of the copyright 
        owner of that sound recording, that identifies the title of the 
        sound recording, the featured recording artist who performs on 
        the sound recording, and related information, including 
        information concerning the underlying musical work and its 
        writer;
            (B) in the case of a subscription transmission not exempt 
        under paragraph (1) that is made by a preexisting subscription 
        service in the same transmission medium used by such service on 
        July 31, 1998, or in the case of a transmission not exempt under 
        paragraph (1) that is made by a preexisting satellite digital 
        audio radio service--
                (i) the transmission does not exceed the sound recording 
            performance complement; and
                (ii) the transmitting entity does not cause to be 
            published by means of an advance program schedule or prior 
            announcement the titles of the specific sound recordings or 
            phonorecords embodying such sound recordings to be 
            transmitted; and

            (C) in the case of an eligible nonsubscription transmission 
        or a subscription transmission not exempt under paragraph (1) 
        that is made by a new subscription service or by a preexisting 
        subscription service other than in the same transmission medium 
        used by such service on July 31, 1998--
                (i) the transmission does not exceed the sound recording 
            performance complement, except that this requirement shall 
            not apply in the case of a retransmission of a broadcast 
            transmission if the retransmission is made by a transmitting 
            entity that does not have the right or ability to control 
            the programming of the broadcast station making the 
            broadcast transmission, unless--
                    (I) the broadcast station makes broadcast 
                transmissions--
                        (aa) in digital format that regularly exceed the 
                    sound recording performance complement; or
                        (bb) in analog format, a substantial portion of 
                    which, on a weekly basis, exceed the sound recording 
                    performance complement; and

                    (II) the sound recording copyright owner or its 
                representative has notified the transmitting entity in 
                writing that broadcast transmissions of the copyright 
                owner's sound recordings exceed the sound recording 
                performance complement as provided in this clause;

                (ii) the transmitting entity does not cause to be 
            published, or induce or facilitate the publication, by means 
            of an advance program schedule or prior announcement, the 
            titles of the specific sound recordings to be transmitted, 
            the phonorecords embodying such sound recordings, or, other 
            than for illustrative purposes, the names of the featured 
            recording artists, except that this clause does not 
            disqualify a transmitting entity that makes a prior 
            announcement that a particular artist will be featured 
            within an unspecified future time period, and in the case of 
            a retransmission of a broadcast transmission by a 
            transmitting entity that does not have the right or ability 
            to control the programming of the broadcast transmission, 
            the requirement of this clause shall not apply to a prior 
            oral announcement by the broadcast station, or to an advance 
            program schedule published, induced, or facilitated by the 
            broadcast station, if the transmitting entity does not have 
            actual knowledge and has not received written notice from 
            the copyright owner or its representative that the broadcast 
            station publishes or induces or facilitates the publication 
            of such advance program schedule, or if such advance program 
            schedule is a schedule of classical music programming 
            published by the broadcast station in the same manner as 
            published by that broadcast station on or before September 
            30, 1998;
                (iii) the transmission--
                    (I) is not part of an archived program of less than 
                5 hours duration;
                    (II) is not part of an archived program of 5 hours 
                or greater in duration that is made available for a 
                period exceeding 2 weeks;
                    (III) is not part of a continuous program which is 
                of less than 3 hours duration; or
                    (IV) is not part of an identifiable program in which 
                performances of sound recordings are rendered in a 
                predetermined order, other than an archived or 
                continuous program, that is transmitted at--
                        (aa) more than 3 times in any 2-week period that 
                    have been publicly announced in advance, in the case 
                    of a program of less than 1 hour in duration, or
                        (bb) more than 4 times in any 2-week period that 
                    have been publicly announced in advance, in the case 
                    of a program of 1 hour or more in duration,

              except that the requirement of this subclause shall not 
                  apply in the case of a retransmission of a broadcast 
                transmission by a transmitting entity that does not have 
                 the right or ability to control the programming of the 
                 broadcast transmission, unless the transmitting entity 
                is given notice in writing by the copyright owner of the 
                    sound recording that the broadcast station makes 
                  broadcast transmissions that regularly violate such 
                                      requirement;

                (iv) the transmitting entity does not knowingly perform 
            the sound recording, as part of a service that offers 
            transmissions of visual images contemporaneously with 
            transmissions of sound recordings, in a manner that is 
            likely to cause confusion, to cause mistake, or to deceive, 
            as to the affiliation, connection, or association of the 
            copyright owner or featured recording artist with the 
            transmitting entity or a particular product or service 
            advertised by the transmitting entity, or as to the origin, 
            sponsorship, or approval by the copyright owner or featured 
            recording artist of the activities of the transmitting 
            entity other than the performance of the sound recording 
            itself;
                (v) the transmitting entity cooperates to prevent, to 
            the extent feasible without imposing substantial costs or 
            burdens, a transmission recipient or any other person or 
            entity from automatically scanning the transmitting entity's 
            transmissions alone or together with transmissions by other 
            transmitting entities in order to select a particular sound 
            recording to be transmitted to the transmission recipient, 
            except that the requirement of this clause shall not apply 
            to a satellite digital audio service that is in operation, 
            or that is licensed by the Federal Communications 
            Commission, on or before July 31, 1998;
                (vi) the transmitting entity takes no affirmative steps 
            to cause or induce the making of a phonorecord by the 
            transmission recipient, and if the technology used by the 
            transmitting entity enables the transmitting entity to limit 
            the making by the transmission recipient of phonorecords of 
            the transmission directly in a digital format, the 
            transmitting entity sets such technology to limit such 
            making of phonorecords to the extent permitted by such 
            technology;
                (vii) phonorecords of the sound recording have been 
            distributed to the public under the authority of the 
            copyright owner or the copyright owner authorizes the 
            transmitting entity to transmit the sound recording, and the 
            transmitting entity makes the transmission from a 
            phonorecord lawfully made under the authority of the 
            copyright owner, except that the requirement of this clause 
            shall not apply to a retransmission of a broadcast 
            transmission by a transmitting entity that does not have the 
            right or ability to control the programming of the broadcast 
            transmission, unless the transmitting entity is given notice 
            in writing by the copyright owner of the sound recording 
            that the broadcast station makes broadcast transmissions 
            that regularly violate such requirement;
                (viii) the transmitting entity accommodates and does not 
            interfere with the transmission of technical measures that 
            are widely used by sound recording copyright owners to 
            identify or protect copyrighted works, and that are 
            technically feasible of being transmitted by the 
            transmitting entity without imposing substantial costs on 
            the transmitting entity or resulting in perceptible aural or 
            visual degradation of the digital signal, except that the 
            requirement of this clause shall not apply to a satellite 
            digital audio service that is in operation, or that is 
            licensed under the authority of the Federal Communications 
            Commission, on or before July 31, 1998, to the extent that 
            such service has designed, developed, or made commitments to 
            procure equipment or technology that is not compatible with 
            such technical measures before such technical measures are 
            widely adopted by sound recording copyright owners; and
                (ix) the transmitting entity identifies in textual data 
            the sound recording during, but not before, the time it is 
            performed, including the title of the sound recording, the 
            title of the phonorecord embodying such sound recording, if 
            any, and the featured recording artist, in a manner to 
            permit it to be displayed to the transmission recipient by 
            the device or technology intended for receiving the service 
            provided by the transmitting entity, except that the 
            obligation in this clause shall not take effect until 1 year 
            after the date of the enactment of the Digital Millennium 
            Copyright Act and shall not apply in the case of a 
            retransmission of a broadcast transmission by a transmitting 
            entity that does not have the right or ability to control 
            the programming of the broadcast transmission, or in the 
            case in which devices or technology intended for receiving 
            the service provided by the transmitting entity that have 
            the capability to display such textual data are not common 
            in the marketplace.

        (3) Licenses for transmissions by interactive services.--
            (A) No interactive service shall be granted an exclusive 
        license under section 106(6) for the performance of a sound 
        recording publicly by means of digital audio transmission for a 
        period in excess of 12 months, except that with respect to an 
        exclusive license granted to an interactive service by a 
        licensor that holds the copyright to 1,000 or fewer sound 
        recordings, the period of such license shall not exceed 24 
        months: Provided, however, That the grantee of such exclusive 
        license shall be ineligible to receive another exclusive license 
        for the performance of that sound recording for a period of 13 
        months from the expiration of the prior exclusive license.
            (B) The limitation set forth in subparagraph (A) of this 
        paragraph shall not apply if--
                (i) the licensor has granted and there remain in effect 
            licenses under section 106(6) for the public performance of 
            sound recordings by means of digital audio transmission by 
            at least 5 different interactive services: Provided, 
            however, That each such license must be for a minimum of 10 
            percent of the copyrighted sound recordings owned by the 
            licensor that have been licensed to interactive services, 
            but in no event less than 50 sound recordings; or
                (ii) the exclusive license is granted to perform 
            publicly up to 45 seconds of a sound recording and the sole 
            purpose of the performance is to promote the distribution or 
            performance of that sound recording.

            (C) Notwithstanding the grant of an exclusive or 
        nonexclusive license of the right of public performance under 
        section 106(6), an interactive service may not publicly perform 
        a sound recording unless a license has been granted for the 
        public performance of any copyrighted musical work contained in 
        the sound recording: Provided, That such license to publicly 
        perform the copyrighted musical work may be granted either by a 
        performing rights society representing the copyright owner or by 
        the copyright owner.
            (D) The performance of a sound recording by means of a 
        retransmission of a digital audio transmission is not an 
        infringement of section 106(6) if--
                (i) the retransmission is of a transmission by an 
            interactive service licensed to publicly perform the sound 
            recording to a particular member of the public as part of 
            that transmission; and
                (ii) the retransmission is simultaneous with the 
            licensed transmission, authorized by the transmitter, and 
            limited to that particular member of the public intended by 
            the interactive service to be the recipient of the 
            transmission.

            (E) For the purposes of this paragraph--
                (i) a ``licensor'' shall include the licensing entity 
            and any other entity under any material degree of common 
            ownership, management, or control that owns copyrights in 
            sound recordings; and
                (ii) a ``performing rights society'' is an association 
            or corporation that licenses the public performance of 
            nondramatic musical works on behalf of the copyright owner, 
            such as the American Society of Composers, Authors and 
            Publishers, Broadcast Music, Inc., and SESAC, Inc.

        (4) Rights not otherwise limited.--
            (A) Except as expressly provided in this section, this 
        section does not limit or impair the exclusive right to perform 
        a sound recording publicly by means of a digital audio 
        transmission under section 106(6).
            (B) Nothing in this section annuls or limits in any way--
                (i) the exclusive right to publicly perform a musical 
            work, including by means of a digital audio transmission, 
            under section 106(4);
                (ii) the exclusive rights in a sound recording or the 
            musical work embodied therein under sections 106(1), 106(2) 
            and 106(3); or
                (iii) any other rights under any other clause of section 
            106, or remedies available under this title, as such rights 
            or remedies exist either before or after the date of 
            enactment of the Digital Performance Right in Sound 
            Recordings Act of 1995.

            (C) Any limitations in this section on the exclusive right 
        under section 106(6) apply only to the exclusive right under 
        section 106(6) and not to any other exclusive rights under 
        section 106. Nothing in this section shall be construed to 
        annul, limit, impair or otherwise affect in any way the ability 
        of the owner of a copyright in a sound recording to exercise the 
        rights under sections 106(1), 106(2) and 106(3), or to obtain 
        the remedies available under this title pursuant to such rights, 
        as such rights and remedies exist either before or after the 
        date of enactment of the Digital Performance Right in Sound 
        Recordings Act of 1995.

    (e) Authority for Negotiations.--
        (1) Notwithstanding any provision of the antitrust laws, in 
    negotiating statutory licenses 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 conditions for the 
    performance of such sound recordings and the proportionate division 
    of fees paid among copyright owners, and may designate common agents 
    on a nonexclusive basis to negotiate, agree to, pay, or receive 
    payments.
        (2) For licenses granted under section 106(6), other than 
    statutory licenses, such as for performances by interactive services 
    or performances that exceed the sound recording performance 
    complement--
            (A) copyright owners of sound recordings affected by this 
        section may designate common agents to act on their behalf to 
        grant licenses and receive and remit royalty payments: Provided, 
        That each copyright owner shall establish the royalty rates and 
        material license terms and conditions unilaterally, 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 common 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, combination, or concert 
        with other entities performing sound recordings.

    (f) Licenses for Certain Nonexempt Transmissions.--
        (1)(A) No later than 30 days after the enactment of the Digital 
    Performance Right in Sound Recordings Act of 1995, the Librarian of 
    Congress shall cause notice to be published in the Federal Register 
    of the initiation of voluntary negotiation proceedings for the 
    purpose of determining reasonable terms and rates of royalty 
    payments for subscription transmissions by preexisting subscription 
    services and transmissions by preexisting satellite digital audio 
    radio services specified by subsection (d)(2) of this section during 
    the period beginning on the effective date of such Act and ending on 
    December 31, 2001, or, if a copyright arbitration royalty panel is 
    convened, ending 30 days after the Librarian issues and publishes in 
    the Federal Register an order adopting the determination of the 
    copyright arbitration royalty panel or an order setting the terms 
    and rates (if the Librarian rejects the panel's determination). Such 
    terms and rates shall distinguish among the different types of 
    digital audio transmission services then in operation. Any copyright 
    owners of sound recordings, preexisting subscription services, or 
    preexisting satellite digital audio radio services may submit to the 
    Librarian of Congress licenses covering such subscription 
    transmissions with respect to such sound recordings. The parties to 
    each negotiation proceeding shall bear their own costs.
        (B) In the absence of license agreements negotiated under 
    subparagraph (A), during the 60-day period commencing 6 months after 
    publication of the notice specified in subparagraph (A), and upon 
    the filing of a petition in accordance with section 803(a)(1), the 
    Librarian of Congress shall, pursuant to chapter 8, convene a 
    copyright arbitration royalty panel to determine and publish in the 
    Federal Register a schedule of rates and terms which, subject to 
    paragraph (3), shall be binding on all copyright owners of sound 
    recordings and entities performing sound recordings affected by this 
    paragraph. In establishing rates and terms for preexisting 
    subscription services and preexisting satellite digital audio radio 
    services, in addition to the objectives set forth in section 
    801(b)(1), the copyright arbitration royalty panel may consider the 
    rates and terms for comparable types of subscription digital audio 
    transmission services and comparable circumstances under voluntary 
    license agreements negotiated as provided in subparagraph (A).
        (C)(i) Publication of a notice of the initiation of voluntary 
    negotiation proceedings as specified in subparagraph (A) shall be 
    repeated, in accordance with regulations that the Librarian of 
    Congress shall prescribe--
            (I) no later than 30 days after a petition is filed by any 
        copyright owners of sound recordings, any preexisting 
        subscription services, or any preexisting satellite digital 
        audio radio services indicating that a new type of subscription 
        digital audio transmission service on which sound recordings are 
        performed is or is about to become operational; and
            (II) in the first week of January 2001, and at 5-year 
        intervals thereafter.

        (ii) The procedures specified in subparagraph (B) shall be 
    repeated, in accordance with regulations that the Librarian of 
    Congress shall prescribe, upon filing of a petition in accordance 
    with section 803(a)(1) during a 60-day period commencing--
            (I) 6 months after publication of a notice of the initiation 
        of voluntary negotiation proceedings under subparagraph (A) 
        pursuant to a petition under clause (i)(I) of this subparagraph; 
        or
            (II) on July 1, 2001, and at 5-year intervals thereafter.

        (iii) The procedures specified in subparagraph (B) shall be 
    concluded in accordance with section 802.
        (2)(A) No later than 30 days after the date of the enactment of 
    the Digital Millennium Copyright Act, the Librarian of Congress 
    shall cause notice to be published in the Federal Register of the 
    initiation of voluntary negotiation proceedings for the purpose of 
    determining reasonable terms and rates of royalty payments for 
    public performances of sound recordings by means of eligible 
    nonsubscription transmissions and transmissions by new subscription 
    services specified by subsection (d)(2) during the period beginning 
    on the date of the enactment of such Act and ending on December 31, 
    2000, or such other date as the parties may agree. Such rates and 
    terms shall distinguish among the different types of eligible 
    nonsubscription transmission services and new subscription services 
    then in operation and shall include a minimum fee for each such type 
    of service. Any copyright owners of sound recordings or any entities 
    performing sound recordings affected by this paragraph may submit to 
    the Librarian of Congress licenses covering such eligible 
    nonsubscription transmissions and new subscription services with 
    respect to such sound recordings. The parties to each negotiation 
    proceeding shall bear their own costs.
        (B) In the absence of license agreements negotiated under 
    subparagraph (A), during the 60-day period commencing 6 months after 
    publication of the notice specified in subparagraph (A), and upon 
    the filing of a petition in accordance with section 803(a)(1), the 
    Librarian of Congress shall, pursuant to chapter 8, convene a 
    copyright arbitration royalty panel to determine and publish in the 
    Federal Register a schedule of rates and terms which, subject to 
    paragraph (3), shall be binding on all copyright owners of sound 
    recordings and entities performing sound recordings affected by this 
    paragraph during the period beginning on the date of the enactment 
    of the Digital Millennium Copyright Act and ending on December 31, 
    2000, or such other date as the parties may agree. Such rates and 
    terms shall distinguish among the different types of eligible 
    nonsubscription transmission services then in operation and shall 
    include a minimum fee for each such type of service, such 
    differences to be based on criteria including, but not limited to, 
    the quantity and nature of the use of sound recordings and the 
    degree to which use of the service may substitute for or may promote 
    the purchase of phonorecords by consumers. In establishing rates and 
    terms for transmissions by eligible nonsubscription services and new 
    subscription services, the copyright arbitration royalty panel shall 
    establish rates and terms that most clearly represent the rates and 
    terms that would have been negotiated in the marketplace between a 
    willing buyer and a willing seller. In determining such rates and 
    terms, the copyright arbitration royalty panel shall base its 
    decision on economic, competitive and programming information 
    presented by the parties, including--
            (i) whether use of the service may substitute for or may 
        promote the sales of phonorecords or otherwise may interfere 
        with or may enhance the sound recording copyright owner's other 
        streams of revenue from its sound recordings; and
            (ii) the relative roles of the copyright owner and the 
        transmitting entity in the copyrighted work and the service made 
        available to the public with respect to relative creative 
        contribution, technological contribution, capital investment, 
        cost, and risk.

    In establishing such rates and terms, the copyright arbitration 
    royalty panel may consider the rates and terms for comparable types 
    of digital audio transmission services and comparable circumstances 
    under voluntary license agreements negotiated under subparagraph 
    (A).
        (C)(i) Publication of a notice of the initiation of voluntary 
    negotiation proceedings as specified in subparagraph (A) shall be 
    repeated in accordance with regulations that the Librarian of 
    Congress shall prescribe--
            (I) no later than 30 days after a petition is filed by any 
        copyright owners of sound recordings or any eligible 
        nonsubscription service or new subscription service indicating 
        that a new type of eligible nonsubscription service or new 
        subscription service on which sound recordings are performed is 
        or is about to become operational; and
            (II) in the first week of January 2000, and at 2-year 
        intervals thereafter, except to the extent that different years 
        for the repeating of such proceedings may be determined in 
        accordance with subparagraph (A).

        (ii) The procedures specified in subparagraph (B) shall be 
    repeated, in accordance with regulations that the Librarian of 
    Congress shall prescribe, upon filing of a petition in accordance 
    with section 803(a)(1) during a 60-day period commencing--
            (I) 6 months after publication of a notice of the initiation 
        of voluntary negotiation proceedings under subparagraph (A) 
        pursuant to a petition under clause (i)(I); or
            (II) on July 1, 2000, and at 2-year intervals thereafter, 
        except to the extent that different years for the repeating of 
        such proceedings may be determined in accordance with 
        subparagraph (A).

        (iii) The procedures specified in subparagraph (B) shall be 
    concluded in accordance with section 802.
        (3) License agreements voluntarily negotiated at any time 
    between 1 or more copyright owners of sound recordings and 1 or more 
    entities performing sound recordings shall be given effect in lieu 
    of any determination by a copyright arbitration royalty panel or 
    decision by the Librarian of Congress.
        (4)(A) The Librarian of Congress shall also establish 
    requirements by which copyright owners may receive reasonable notice 
    of the use of their sound recordings under this section, and under 
    which records of such use shall be kept and made available by 
    entities performing sound recordings.
        (B) Any person who wishes to perform a sound recording publicly 
    by means of a transmission eligible for statutory licensing under 
    this subsection may do so without infringing the exclusive right of 
    the copyright owner of the sound recording--
            (i) by complying with such notice requirements as the 
        Librarian of Congress shall prescribe by regulation and by 
        paying royalty fees in accordance with this subsection; or
            (ii) if such royalty fees have not been set, by agreeing to 
        pay such royalty fees as shall be determined in accordance with 
        this subsection.

        (C) Any royalty payments in arrears shall be made on or before 
    the twentieth day of the month next succeeding the month in which 
    the royalty fees are set.

    (g) Proceeds From Licensing of Transmissions.--
        (1) Except in the case of a transmission licensed under a 
    statutory license in accordance with subsection (f) of this 
    section--
            (A) a featured recording artist who performs on a sound 
        recording that has been licensed for a transmission shall be 
        entitled to receive payments from the copyright owner of the 
        sound recording in accordance with the terms of the artist's 
        contract; and
            (B) a nonfeatured recording artist who performs on a sound 
        recording that has been licensed for a transmission shall be 
        entitled to receive payments from the copyright owner of the 
        sound recording in accordance with the terms of the nonfeatured 
        recording artist's applicable contract or other applicable 
        agreement.

        (2) The copyright owner of the exclusive right under section 
    106(6) of this title to publicly perform a sound recording by means 
    of a digital audio transmission shall allocate to recording artists 
    in the following manner its receipts from the statutory licensing of 
    transmission performances of the sound recording in accordance with 
    subsection (f) of this section:
            (A) 2\1/2\ percent of the receipts shall be deposited in an 
        escrow account managed by an independent administrator jointly 
        appointed by copyright owners of sound recordings and the 
        American Federation of Musicians (or any successor entity) to be 
        distributed to nonfeatured musicians (whether or not members of 
        the American Federation of Musicians) who have performed on 
        sound recordings.
            (B) 2\1/2\ percent of the receipts shall be deposited in an 
        escrow account managed by an independent administrator jointly 
        appointed by copyright owners of sound recordings and the 
        American Federation of Television and Radio Artists (or any 
        successor entity) to be distributed to nonfeatured vocalists 
        (whether or not members of the American Federation of Television 
        and Radio Artists) who have performed on sound recordings.
            (C) 45 percent of the receipts shall be allocated, on a per 
        sound recording basis, to the recording artist or artists 
        featured on such sound recording (or the persons conveying 
        rights in the artists' performance in the sound recordings).

    (h) Licensing to Affiliates.--
        (1) If the copyright owner of a sound recording licenses an 
    affiliated entity the right to publicly perform a sound recording by 
    means of a digital audio transmission under section 106(6), the 
    copyright owner shall make the licensed sound recording available 
    under section 106(6) on no less favorable terms and conditions to 
    all bona fide entities that offer similar services, except that, if 
    there are material differences in the scope of the requested license 
    with respect to the type of service, the particular sound recordings 
    licensed, the frequency of use, the number of subscribers served, or 
    the duration, then the copyright owner may establish different terms 
    and conditions for such other services.
        (2) The limitation set forth in paragraph (1) of this subsection 
    shall not apply in the case where the copyright owner of a sound 
    recording licenses--
            (A) an interactive service; or
            (B) an entity to perform publicly up to 45 seconds of the 
        sound recording and the sole purpose of the performance is to 
        promote the distribution or performance of that sound recording.

    (i) No Effect on Royalties for Underlying Works.--License fees 
payable for the public performance of sound recordings under section 
106(6) shall not be taken into account in any administrative, judicial, 
or other governmental proceeding to set or adjust the royalties payable 
to copyright owners of musical works for the public performance of their 
works. It is the intent of Congress that royalties payable to copyright 
owners of musical works for the public performance of their works shall 
not be diminished in any respect as a result of the rights granted by 
section 106(6).
    (j) Definitions.--As used in this section, the following terms have 
the following meanings:
        (1) An ``affiliated entity'' is an entity engaging in digital 
    audio transmissions covered by section 106(6), other than an 
    interactive service, in which the licensor has any direct or 
    indirect partnership or any ownership interest amounting to 5 
    percent or more of the outstanding voting or non-voting stock.
        (2) An ``archived program'' is a predetermined program that is 
    available repeatedly on the demand of the transmission recipient and 
    that is performed in the same order from the beginning, except that 
    an archived program shall not include a recorded event or broadcast 
    transmission that makes no more than an incidental use of sound 
    recordings, as long as such recorded event or broadcast transmission 
    does not contain an entire sound recording or feature a particular 
    sound recording.
        (3) A ``broadcast'' transmission is a transmission made by a 
    terrestrial broadcast station licensed as such by the Federal 
    Communications Commission.
        (4) A ``continuous program'' is a predetermined program that is 
    continuously performed in the same order and that is accessed at a 
    point in the program that is beyond the control of the transmission 
    recipient.
        (5) A ``digital audio transmission'' is a digital transmission 
    as defined in section 101, that embodies the transmission of a sound 
    recording. This term does not include the transmission of any 
    audiovisual work.
        (6) An ``eligible nonsubscription transmission'' is a 
    noninteractive nonsubscription digital audio transmission not exempt 
    under subsection (d)(1) that is made as part of a service that 
    provides audio programming consisting, in whole or in part, of 
    performances of sound recordings, including retransmissions of 
    broadcast transmissions, if the primary purpose of the service is to 
    provide to the public such audio or other entertainment programming, 
    and the primary purpose of the service is not to sell, advertise, or 
    promote particular products or services other than sound recordings, 
    live concerts, or other music-related events.
        (7) An ``interactive service'' is one that enables a member of 
    the public to receive a transmission of a program specially created 
    for the recipient, or on request, a transmission of a particular 
    sound recording, whether or not as part of a program, which is 
    selected by or on behalf of the recipient. The ability of 
    individuals to request that particular sound recordings be performed 
    for reception by the public at large, or in the case of a 
    subscription service, by all subscribers of the service, does not 
    make a service interactive, if the programming on each channel of 
    the service does not substantially consist of sound recordings that 
    are performed within 1 hour of the request or at a time designated 
    by either the transmitting entity or the individual making such 
    request. If an entity offers both interactive and noninteractive 
    services (either concurrently or at different times), the 
    noninteractive component shall not be treated as part of an 
    interactive service.
        (8) A ``new subscription service'' is a service that performs 
    sound recordings by means of noninteractive subscription digital 
    audio transmissions and that is not a preexisting subscription 
    service or a preexisting satellite digital audio radio service.
        (9) A ``nonsubscription'' transmission is any transmission that 
    is not a subscription transmission.
        (10) A ``preexisting satellite digital audio radio service'' is 
    a subscription satellite digital audio radio service provided 
    pursuant to a satellite digital audio radio service license issued 
    by the Federal Communications Commission on or before July 31, 1998, 
    and any renewal of such license to the extent of the scope of the 
    original license, and may include a limited number of sample 
    channels representative of the subscription service that are made 
    available on a nonsubscription basis in order to promote the 
    subscription service.
        (11) A ``preexisting subscription service'' is a service that 
    performs sound recordings by means of noninteractive audio-only 
    subscription digital audio transmissions, which was in existence and 
    was making such transmissions to the public for a fee on or before 
    July 31, 1998, and may include a limited number of sample channels 
    representative of the subscription service that are made available 
    on a nonsubscription basis in order to promote the subscription 
    service.
        (12) A ``retransmission'' is a further transmission of an 
    initial transmission, and includes any further retransmission of the 
    same transmission. Except as provided in this section, a 
    transmission qualifies as a ``retransmission'' only if it is 
    simultaneous with the initial transmission. Nothing in this 
    definition shall be construed to exempt a transmission that fails to 
    satisfy a separate element required to qualify for an exemption 
    under section 114(d)(1).
        (13) The ``sound recording performance complement'' is the 
    transmission during any 3-hour period, on a particular channel used 
    by a transmitting entity, of no more than--
            (A) 3 different selections of sound recordings from any one 
        phonorecord lawfully distributed for public performance or sale 
        in the United States, if no more than 2 such selections are 
        transmitted consecutively; or
            (B) 4 different selections of sound recordings--
                (i) by the same featured recording artist; or
                (ii) from any set or compilation of phonorecords 
            lawfully distributed together as a unit for public 
            performance or sale in the United States,

        if no more than three such selections are transmitted 
        consecutively:

    Provided, That the transmission of selections in excess of the 
    numerical limits provided for in clauses (A) and (B) from multiple 
    phonorecords shall nonetheless qualify as a sound recording 
    performance complement if the programming of the multiple 
    phonorecords was not willfully intended to avoid the numerical 
    limitations prescribed in such clauses.
        (14) A ``subscription'' transmission is a transmission that is 
    controlled and limited to particular recipients, and for which 
    consideration is required to be paid or otherwise given by or on 
    behalf of the recipient to receive the transmission or a package of 
    transmissions including the transmission.
        (15) A ``transmission'' is either an initial transmission or a 
    retransmission.

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2560; Pub. 
L. 104-39, Sec. 3, Nov. 1, 1995, 109 Stat. 336; Pub. L. 105-80, Sec. 3, 
Nov. 13, 1997, 111 Stat. 1531; Pub. L. 105-304, title IV, 
Sec. 405(a)(1)-(4), Oct. 28, 1998, 112 Stat. 2890-2897.)


                      Historical and Revision Notes

                        house report no. 94-1476

    Subsection (a) of Section 114 specified that the exclusive rights of 
the owner of copyright in a sound recording are limited to the rights to 
reproduce the sound recording in copies or phonorecords, to prepare 
derivative works based on the copyrighted sound recording, and to 
distribute copies or phonorecords of the sound recording to the public. 
Subsection (a) states explicitly that the owner's rights ``do not 
include any right of performance under section 106(4).'' The Committee 
considered at length the arguments in favor of establishing a limited 
performance right, in the form of a compulsory license, for copyrighted 
sound recordings, but concluded that the problem requires further study. 
It therefore added a new subsection (d) to the bill requiring the 
Register of Copyrights to submit to Congress, on January 3, 1978, ``a 
report setting forth recommendations as to whether this section should 
be amended to provide for performers and copyright owners * * * any 
performance rights'' in copyrighted sound recordings. Under the new 
subsection, the report ``should describe the status of such rights in 
foreign countries, the views of major interested parties, and specific 
legislative or other recommendations, if any.''
    Subsection (b) of section 114 makes clear that statutory protection 
for sound recordings extends only to the particular sounds of which the 
recording consists, and would not prevent a separate recording of 
another performance in which those sounds are imitated. Thus, 
infringement takes place whenever all or any substantial portion of the 
actual sounds that go to make up a copyrighted sound recording are 
reproduced in phonorecords by repressing, transcribing, recapturing off 
the air, or any other method, or by reproducing them in the soundtrack 
or audio portion of a motion picture or other audiovisual work. Mere 
imitation of a recorded performance would not constitute a copyright 
infringement even where one performer deliberately sets out to simulate 
another's performance as exactly as possible.
    Under section 114, the exclusive right of owner of copyright in a 
sound recording to prepare derivative works based on the copyrighted 
sound recording is recognized. However, in view of the expressed 
intention not to give exclusive rights against imitative or simulated 
performances and recordings, the Committee adopted an amendment to make 
clear the scope of rights under section 106(2) in this context. Section 
114(b) provides that the ``exclusive right of the owner of copyright in 
a sound recording under clause (2) of section 106 is limited to the 
right to prepare a derivative work in which the actual sounds fixed in 
the sound recording are rearranged, remixed, or otherwise altered in 
sequence or quality.''
    Another amendment deals with the use of copyrighted sound recordings 
``included in educational television and radio programs * * * 
distributed or transmitted by or through public broadcasting entities.'' 
This use of recordings is permissible without authorization from the 
owner of copyright in the sound recording, as long as ``copies or 
phonorecords of said programs are not commercially distributed by or 
through public broadcasting entities to the general public.''
    During the 1975 hearings, the Register of Copyrights expressed some 
concern that an invaluable segment of this country's musical heritage--
in the form of sound recordings--had become inaccessible to 
musicologists and to others for scholarly purposes. Several of the major 
recording companies have responded to the Register's concern by granting 
blanket licenses to the Library of Congress to permit it to make single 
copy duplications of sound recordings maintained in the Library's 
archives for research purposes. Moreover, steps are being taken to 
determine the feasibility of additional licensing arrangements as a 
means of satisfying the needs of key regional music libraries across the 
country. The Register has agreed to report to Congress if further 
legislative consideration should be undertaken.
    Section 114(c) states explicitly that nothing in the provisions of 
section 114 should be construed to ``limit or impair the exclusive right 
to perform publicly, by means of a phonorecord, any of the works 
specified by section 106(4).'' This principle is already implicit in the 
bill, but it is restated to avoid the danger of confusion between rights 
in a sound recording and rights in the musical composition or other work 
embodied in the recording.

                       References in Text

    Section 602(12) of the Communications Act of 1934, referred to in 
subsec. (d)(1)(C)(iii), was subsequently amended, and section 602(12) no 
longer defines ``multichannel video programming distributor''. However, 
such term is defined elsewhere in that section.
    The date of the enactment of the Digital Millennium Copyright Act, 
referred to in subsecs. (d)(2)(C)(ix) and (f)(2)(A), (B), is the date of 
enactment of Pub. L. 105-304, which was approved Oct. 28, 1998.
    The date of enactment of the Digital Performance Right in Sound 
Recordings Act of 1995, referred to in subsecs. (d)(4)(B)(iii), (C) and 
(f)(1), is the date of enactment of Pub. L. 104-39, which was approved 
Nov. 1, 1995.
    The antitrust laws, referred to in subsec. (e)(1), are classified 
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.
    For effective date of the Digital Performance Right in Sound 
Recordings Act of 1995, referred to in subsec. (f)(1), see section 6 of 
Pub. L. 104-39, set out as an Effective Date of 1995 Amendment note 
under section 101 of this title.


                               Amendments

    1998--Subsec. (d)(1)(A). Pub. L. 105-304, Sec. 405(a)(1)(A), added 
subpar. (A) and struck out former subpar. (A) which read as follows:
    ``(A)(i) a nonsubscription transmission other than a retransmission;
    ``(ii) an initial nonsubscription retransmission made for direct 
reception by members of the public of a prior or simultaneous incidental 
transmission that is not made for direct reception by members of the 
public; or
    ``(iii) a nonsubscription broadcast transmission;''.
    Subsec. (d)(2). Pub. L. 105-304, Sec. 405(a)(1)(B), amended heading 
and text of par. (2) generally. Prior to amendment, text read as 
follows: ``In the case of a subscription transmission not exempt under 
subsection (d)(1), the performance of a sound recording publicly by 
means of a digital audio transmission shall be subject to statutory 
licensing, in accordance with subsection (f) of this section, if--
        ``(A) the transmission is not part of an interactive service;
        ``(B) the transmission does not exceed the sound recording 
    performance complement;
        ``(C) the transmitting entity does not cause to be published by 
    means of an advance program schedule or prior announcement the 
    titles of the specific sound recordings or phonorecords embodying 
    such sound recordings to be transmitted;
        ``(D) except in the case of transmission to a business 
    establishment, the transmitting entity does not automatically and 
    intentionally cause any device receiving the transmission to switch 
    from one program channel to another; and
        ``(E) except as provided in section 1002(e) of this title, the 
    transmission of the sound recording is accompanied by the 
    information encoded in that sound recording, if any, by or under the 
    authority of the copyright owner of that sound recording, that 
    identifies the title of the sound recording, the featured recording 
    artist who performs on the sound recording, and related information, 
    including information concerning the underlying musical work and its 
    writer.''
    Subsec. (f). Pub. L. 105-304, Sec. 405(a)(2)(A), substituted 
``Certain Nonexempt'' for ``Nonexempt Subscription'' in heading.
    Subsec. (f)(1)(A). Pub. L. 105-304, Sec. 405(a)(2)(B), designated 
existing provisions as subpar. (A), in first sentence, substituted 
``subscription transmissions by preexisting subscription services and 
transmissions by preexisting satellite digital audio radio services'' 
for ``the activities'' and ``2001'' for ``2000'', and amended third 
sentence generally. Prior to amendment, third sentence read as follows: 
``Any copyright owners of sound recordings or any entities performing 
sound recordings affected by this section may submit to the Librarian of 
Congress licenses covering such activities with respect to such sound 
recordings.''
    Subsec. (f)(1)(B), (C). Pub. L. 105-304, Sec. 405(a)(2)(C), added 
subpars. (B) and (C).
    Subsec. (f)(2) to (5). Pub. L. 105-304, Sec. 405(a)(2)(C), added 
pars. (2) to (4) and struck out former pars. (2) to (5), which provided: 
in par. (2) that Librarian of Congress would convene a copyright 
arbitration royalty panel to determine schedule of rates and terms, that 
panel could consider rates and terms for comparable types of services 
under voluntary license agreements, and that requirements would be 
established by which copyright owners would receive notice of use of 
their recordings; in par. (3) that voluntarily negotiated license 
agreements would be given effect in lieu of determination by panel or 
decision by Librarian; in par. (4) that publication of notice of 
negotiations would be repeated no later than 30 days after petition was 
filed, in the first week of January, 2000, and at 5-year intervals 
thereafter, and that par. (2) procedures would be repeated upon filing 
of petition during a 60-day period commencing six months after 
publication of notice or on July 1, 2000 and at 5-year intervals 
thereafter; and in par. (5) that performance by non-exempt subscription 
transmission without infringing copyright was permissible by compliance 
with notice requirements and payment of royalty fees or agreement to pay 
such fees.
    Subsec. (g). Pub. L. 105-304, Sec. 405(a)(3)(A), struck out 
``Subscription'' before ``Transmissions'' in heading.
    Subsec. (g)(1). Pub. L. 105-304, Sec. 405(a)(3)(B), substituted 
``transmission licensed under a statutory license'' for ``subscription 
transmission licensed'' in introductory provisions.
    Subsec. (g)(1)(A), (B). Pub. L. 105-304, Sec. 405(a)(3)(C), struck 
out ``subscription'' before ``transmission''.
    Subsec. (g)(2). Pub. L. 105-304, Sec. 405(a)(3)(D), struck out 
``subscription'' before ``transmission performances'' in introductory 
provisions.
    Subsec. (j)(2), (3). Pub. L. 105-304, Sec. 405(a)(4)(A), (B), added 
par. (2) and redesignated former par. (2) as (3). Former par. (3) 
redesignated (5).
    Subsec. (j)(4). Pub. L. 105-304, Sec. 405(a)(4)(A), (C), added par. 
(4) and struck out former par. (4) which read as follows: ``An 
`interactive service' is one that enables a member of the public to 
receive, on request, a transmission of a particular sound recording 
chosen by or on behalf of the recipient. The ability of individuals to 
request that particular sound recordings be performed for reception by 
the public at large does not make a service interactive. If an entity 
offers both interactive and non-interactive services (either 
concurrently or at different times), the non-interactive component shall 
not be treated as part of an interactive service.''
    Subsec. (j)(5). Pub. L. 105-304, Sec. 405(a)(4)(A), redesignated 
par. (3) as (5). Former par. (5) redesignated (9).
    Subsec. (j)(6) to (8). Pub. L. 105-304, Sec. 405(a)(4)(A), (D), 
added pars. (6) to (8). Former pars. (6) to (8) redesignated (12) to 
(14), respectively.
    Subsec. (j)(9). Pub. L. 105-304, Sec. 405(a)(4)(A), redesignated 
par. (5) as (9) and struck out former par. (9) which read as follows: 
``A `transmission' includes both an initial transmission and a 
retransmission.''
    Subsec. (j)(10), (11). Pub. L. 105-304, Sec. 405(a)(4)(E), added 
pars. (10) and (11).
    Subsec. (j)(12) to (14). Pub. L. 105-304, Sec. 405(a)(4)(A), 
redesignated pars. (6) to (8) as (12) to (14), respectively.
    Subsec. (j)(15). Pub. L. 105-304, Sec. 405(a)(4)(F), added par. 
(15).
    1997--Subsec. (f)(1). Pub. L. 105-80, Sec. 3(1), inserted ``, or, if 
a copyright arbitration royalty panel is convened, ending 30 days after 
the Librarian issues and publishes in the Federal Register an order 
adopting the determination of the copyright arbitration royalty panel or 
an order setting the terms and rates (if the Librarian rejects the 
panel's determination)'' after ``December 31, 2000''.
    Subsec. (f)(2). Pub. L. 105-80, Sec. 3(2), struck out ``and publish 
in the Federal Register'' before ``a schedule of rates and terms''.
    1995--Subsec. (a). Pub. L. 104-39, Sec. 3(1), substituted ``(3) and 
(6) of section 106'' for ``and (3) of section 106''.
    Subsec. (b). Pub. L. 104-39, Sec. 3(2), substituted ``phonorecords 
or copies'' for ``phonorecords, or of copies of motion pictures and 
other audiovisual works,'' in first sentence.
    Subsec. (d). Pub. L. 104-39, Sec. 3(3), added subsec. (d) and struck 
out former subsec. (d), which read as follows: ``On January 3, 1978, the 
Register of Copyrights, after consulting with representatives of owners 
of copyrighted materials, representatives of the broadcasting, 
recording, motion picture, entertainment industries, and arts 
organizations, representatives of organized labor and performers of 
copyrighted materials, shall submit to the Congress a report setting 
forth recommendations as to whether this section should be amended to 
provide for performers and copyright owners of copyrighted material any 
performance rights in such material. The report should describe the 
status of such rights in foreign countries, the views of major 
interested parties, and specific legislative or other recommendations, 
if any.''
    Subsecs. (e) to (j). Pub. L. 104-39, Sec. 3(4), added subsecs. (e) 
to (j).


                    Effective Date of 1998 Amendment

    Amendment by section 405(a)(1), (2)(A), (B)(i)(I), (II), (ii), (3), 
(4) of Pub. L. 105-304 effective Oct. 28, 1998, except as otherwise 
provided, see section 407 of Pub. L. 105-304, set out as a note under 
section 108 of this title.
    Pub. L. 105-304, title IV, Sec. 405(a)(5), Oct. 28, 1998, 112 Stat. 
2899, provided that: ``The amendment made by paragraph (2)(B)(i)(III) of 
this subsection [amending this section] shall be deemed to have been 
enacted as part of the Digital Performance Right in Sound Recordings Act 
of 1995 [Pub. L. 104-39], and the publication of notice of proceedings 
under section 114(f)(1) of title 17, United States Code, as in effect 
upon the effective date of that Act [see Effective Date of 1995 
Amendment note set out under section 101 of this title], for the 
determination of royalty payments shall be deemed to have been made for 
the period beginning on the effective date of that Act and ending on 
December 1, 2001.''


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-39 effective 3 months after Nov. 1, 1995, 
except that provisions of subsecs. (e) and (f) of this section effective 
Nov. 1, 1995, see section 6 of Pub. L. 104-39, set out as a note under 
section 101 of this title.


                     Construction of 1998 Amendment

    Pub. L. 105-304, title IV, Sec. 405(a)(6), Oct. 28, 1998, 112 Stat. 
2899, provided that: ``The amendments made by this subsection [amending 
this section] do not annul, limit, or otherwise impair the rights that 
are preserved by section 114 of title 17, United States Code, including 
the rights preserved by subsections (c), (d)(4), and (i) of such 
section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 111, 112, 115, 119, 
501, 511, 801, 802, 803 of this title; title 18 section 2319.
