Sec. 3. Free market for licensing of public performances
857 words·~4 min read·
/bill/113/hr/3219/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 114 of title 17, United States Code, is amended as follows: Subsection
(d)is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking and inserting a digital audio ; an audio by striking subparagraph (A); and by redesignating subparagraphs
(B)and
(C)as subparagraphs
(A)and (B), respectively; by striking paragraph (2); in paragraph (3)— in subparagraphs
(A)and (B)(i), by striking and inserting of digital audio ; and of an audio in subparagraph (D), by striking and inserting a digital audio ; an audio in paragraph (4), in subparagraphs
(A)and (B)(i), by striking and inserting a digital audio ; and an audio by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively. Section 114 of title 17, United States Code, is amended by striking subsections (e), (f), and (g), and inserting the following: Pursuant to section 106(6), and notwithstanding any other provision of law, any noninteractive services performing sound recordings publicly by means of an audio transmission may collectively negotiate and agree to royalty rates and license terms and conditions for the performance of such sound recordings. Pursuant to section 106(6), and notwithstanding any other provision of law, for licenses for noninteractive audio transmissions, SoundExchange, Inc., or any successor entity is designated as the sole common agent to negotiate, agree to, pay, and receive payments under this section. If a license for noninteractive audio transmissions is agreed to by such common agent, copyright owners of sound recordings may subsequently negotiate and agree to royalty rates and license terms and conditions with any noninteractive services performing sound recordings publicly by means of an audio transmission for the performance of such sound recordings. The common agent under subparagraph
(A)shall make distributions directly to the following recipients from payments collected under this section as follows: 50 percent shall be paid to the copyright owner. 45 percent shall be paid to featured recording artists. 5 percent shall be paid to nonfeatured musicians and vocalists (through the American Federation of Musicians and Screen Actors Guild-American Federation of Television and Radio Artists Intellectual Property Rights Distribution Fund, or their successors). In the case of a license granted by the copyright owner of a sound recording to a noninteractive service performing sound recordings publicly by means of an audio transmission, such service shall pay to the common agent described in subsection
(e)receipts from the licensing of such transmissions in an amount equal to 50 percent of the total royalties and other compensation that the service is required to pay for such transmissions under the applicable license agreement. Such common agent shall distribute such payments in proportion to the distributions provided in clauses
(ii)and
(iii)of subsection (e)(2)(B), and such payments shall be the sole payments to which featured and nonfeatured artists are entitled by reason of such transmissions under the license with that service. If royalty rates and license terms and conditions for the audio transmission or retransmission of a nonsubscription broadcast consisting solely of noncommercial educational and cultural radio programs are not negotiated and agreed upon collectively under subsection
(e)between the common agent and 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) ), a proceeding under chapter 8 of this title shall determine the rates and terms for such transmissions and retransmissions. The Copyright Royalty Judges shall establish such 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 Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties. All royalty payments under this subsection for over-the-air nonsubscription broadcast transmissions required to be paid by public broadcasting entities that are eligible to receive funding on the basis of the formula set forth in section 396(k)(6)(B) of the Communications Act of 1934 ( 47 U.S.C. 396(k)(6)(B) ) or that are authorized to transmit over-the-air nonsubscription broadcast performances of nondramatic musical works pursuant to arrangements negotiated or otherwise made by the Corporation for Public Broadcasting under section 118, shall first be made using funds made available pursuant to section 396(k)(3)(A)(I)(II) of the Communications Act of 1934. . Subsection (h)(1) is amended by striking and inserting a digital audio . an audio Subsection
(j)is amended— in paragraph (1), by striking and inserting digital audio ; audio by striking paragraphs (2), (4), (5), (6), (8), (10), and (11); by inserting after paragraph
(1)the following: An audio transmission is a transmission that embodies the transmission of a sound recording, and does not include the transmission of any audiovisual work. ; by redesignating paragraph
(7)as paragraph (4); by inserting after paragraph (4), as redesignated, the following: A noninteractive service is a service that would have been eligible for statutory licensing under subsection (d)(2) of this section, as such subsection was in effect on September 1, 2013 ; and by redesignating paragraphs (9), (12), (13), (14), and
(15)as paragraphs (6), (7), (8), (9), and
(10)respectively.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 3
Free market for licensing of public performances
Cites 1Cited by 0 across 0 sources