Laws: Cases and Codes : U.S. Code : Title 17 : Section 114
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U.S. Code as of:
01/19/04
Section 114 - Notes
SOURCE
(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;
Pub. L. 107-321, Secs. 4, 5(b), (c), Dec. 4, 2002, 116 Stat. 2781,
2784.)
HISTORICAL AND REVISION NOTES
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.
The Small Webcaster Settlement Act of 2002, referred to in
subsec. (f)(5)(D), is Pub. L. 107-321, Dec. 4, 2002, 116 Stat.
2780, which amended this section and enacted provisions set out as
notes under this section and section 101 of this title. For
complete classification of this Act to the Code, see Short Title of
2002 Amendments note set out under section 101 of this title and
Tables.
AMENDMENTS
2002 - Subsec. (f)(5). Pub. L. 107-321, Sec. 4, added par. (5).
Subsec. (g)(2). Pub. L. 107-321, Sec. 5(c), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "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)."
Subsec. (g)(3), (4). Pub. L. 107-321, Sec. 5(b), added pars. (3)
and (4).
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).
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.
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