[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6480 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6480
To adopt fair standards and procedures by which determinations of
Copyright Royalty Judges are made with respect to webcasting, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2012
Mr. Chaffetz (for himself, Mr. Polis, Mr. Issa, and Ms. Zoe Lofgren of
California) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To adopt fair standards and procedures by which determinations of
Copyright Royalty Judges are made with respect to webcasting, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Radio Fairness Act of
2012''.
SEC. 2. APPOINTMENT OF COPYRIGHT ROYALTY JUDGES AND QUALIFICATIONS.
Chapter 8 of title 17, United States Code, is amended--
(1) in section 801(a)--
(A) in the first sentence, by striking ``Librarian
of Congress'' and inserting ``President of the United
States, by and with the advice and consent of the
Senate,''; and
(B) by striking the second sentence; and
(2) in section 802--
(A) in subsection (a)(1), by striking ``Each'' and
all that follows through ``economics.'' and inserting
the following: ``Each Copyright Royalty Judge shall be
an attorney who has not fewer than 10 years of legal
experience and has significant experience in
adjudicating arbitrations or court trials. The Chief
Copyright Royalty Judge shall have not fewer than 7
years of experience in adjudicating court trials in
civil cases.''; and
(B) in subsection (d)--
(i) in paragraph (1), in the first
sentence, by striking ``Librarian'' and all
that follows through ``section.'' and inserting
``President of the United States shall act
expeditiously to fill the vacancy.''; and
(ii) in paragraph (2), by striking
``Librarian of Congress'' and inserting
``President of the United States, by and with
the advise and consent of the Senate,''.
SEC. 3. COMPUTATION OF ROYALTY FEES FOR INTERNET RADIO SERVICES
OFFERING DIGITAL PERFORMANCES OF SOUND RECORDINGS AND
REPORTING OBLIGATIONS.
(a) Standard for Determining Rates and Terms; Burden of Proof.--
(1) Ephemeral recordings.--Section 112(e) of title 17,
United States Code, is amended--
(A) in paragraph (3), by striking the second
sentence and inserting the following: ``Such rates may
include a minimum annual fee for each type of service
offered by the transmitting organization.'';
(B) in paragraph (4), by striking ``Such rates
shall'' and all that follows through ``paragraphs (2)
and (3).'' and inserting the following: ``In
establishing rates and terms under this paragraph, the
Copyright Royalty Judges shall apply the objectives set
forth in section 801(b)(1), in accordance with
subparagraphs (C) and (D) of section 114(f)(1). In any
proceeding under this paragraph, the burden of proof
shall be on the copyright owners of sound recordings to
establish that the fees and terms that they seek
satisfy the requirements of this paragraph, and do not
exceed the fees to which most copyright owners and
users would agree under competitive market
circumstances. To the extent the Copyright Royalty
Judges consider marketplace benchmarks to be relevant,
they shall limit those benchmarks to benchmarks
reflecting the rates and terms that have been agreed
under competitive market circumstances by most
copyright users.''; and
(C) in paragraph (5), by striking ``in lieu of
any'' and all that follows and inserting the following:
``and be binding upon the parties to any such
agreements in lieu of any determination by the
Copyright Royalty Judges.''.
(2) Digital sound recording performances.--Section 114(f)
of title 17, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the first sentence--
(aa) by striking
``subscription transmissions by
preexisting subscription
services and transmissions by
preexisting satellite digital
audio radio''; and
(bb) by striking ``, except
in the case of a different
transitional period provided
under section 6(b)(3) of the
Copyright Royalty and
Distribution Reform Act of
2004,''; and
(II) by striking ``Such terms and
rates'' and all that follows and
inserting the following: ``Such terms
and rates shall distinguish among the
different types of digital audio
transmission services then in operation
and may take into account the different
characteristics of such services, and
may include a minimum annual fee of not
more than $500 for each provider of
services that is subject to such rates
and terms, which may be the only
minimum fee for such provider and may
be assessed only once annually to that
provider. Any copyright owners of sound
recordings or any entities performing
sound recordings affected by this
paragraph may submit to the Copyright
Royalty Judges for consideration in
such rate-setting proceedings licenses
covering such noninteractive sound
recording performances. The parties to
each proceeding shall bear their own
costs.'';
(ii) in subparagraph (B)--
(I) in the first sentence--
(aa) by striking
``paragraph (3)'' and inserting
``paragraph (2)''; and
(bb) by striking ``, a
transitional period provided
under section 6(b)(3) of the
Copyright Royalty and
Distribution Reform Act of
2004,''; and
(II) by striking the second
sentence and inserting the following:
``In establishing rates and terms under
this paragraph, the Copyright Royalty
Judges shall apply the objectives set
forth in section 801(b)(1) and may also
consider the rates and terms for
noninteractive digital audio
transmission services under voluntary
license agreements described in
subparagraph (A) that were entered into
under competitive market circumstances.
In any proceeding under this
subsection, the burden of proof shall
be on the copyright owners of sound
recordings to establish that the fees
and terms that they seek satisfy the
requirements of this subsection, and do
not exceed the fees to which most
copyright owners and users would agree
under competitive market
circumstances.'';
(iii) by redesignating subparagraph (C) as
subparagraph (E);
(iv) by inserting after subparagraph (B)
the following:
``(C)(i) In construing the objectives set forth in
section 801(b)(1), the Copyright Royalty Judges shall
take into consideration--
``(I) the public's interest in both the
creation of new sound recordings of musical
works and in fostering online and other digital
performances of sound recordings; and
``(II) the income necessary to provide a
reasonable return on all relevant investments,
including investments in prior periods for
which returns have not been earned.
``(ii) To the extent the Copyright Royalty Judges
consider marketplace benchmarks to be relevant, the
Copyright Royalty Judges shall limit those benchmarks
to benchmarks reflecting the rates and terms that have
been agreed under competitive market circumstances by
most copyright users.
``(D) In applying the objectives set forth in
section 801(b)(1), the Copyright Royalty Judges--
``(i) shall not disfavor percentage of
revenue-based fees;
``(ii) shall establish license fee
structures that foster competition among the
licensors of sound recording performances and
between sound recording performances and other
programming, including per-use or per-program
fees, or percentage of revenue or other fees
that include carve-outs on a pro-rata basis for
sound recordings the performance of which have
been licensed either directly with the
copyright owner or at the source, or for which
a license is not necessary;
``(iii) shall give full consideration for
the value of any promotional benefit or other
non-monetary benefit conferred on the copyright
owner by the performance;
``(iv) shall give full consideration to the
contributions made by the digital audio
transmission service to the content and value
of its programming; and
``(v) shall not take into account either
the rates and terms provided in licenses for
interactive services or the determinations
rendered by the Copyright Royalty Judges prior
to the enactment of the Internet Radio Fairness
Act of 2012.''; and
(v) by amending subparagraph (E), as so
redesignated, to read as follows:
``(E) The procedures under subparagraph (A) may
also be initiated pursuant to a petition filed by any
copyright owners of sound recordings, or any entity
performing sound recordings affected by this paragraph,
indicating that a new type of digital audio
transmission service engaged in the public performance
of sound recordings is or is about to become
operational, for the purpose of determining reasonable
terms and rates of royalty payments with respect to
such new type of transmission service for the period
beginning with the inception of such new type of
service and ending on the date on which the royalty
rates and terms for the most comparable digital audio
transmission services most recently determined under
subparagraph (A) and chapter 8 expire, or such other
period as the parties may agree.'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(D) in paragraph (2), as so redesignated--
(i) by inserting ``or their authorized
representatives'' after ``owners of sound
recordings''; and
(ii) by striking ``in lieu of any'' and all
that follows and inserting the following: ``and
be binding upon the parties to any such
agreements in lieu of any determination by the
Copyright Royalty Judges.''.
(3) Definition.--Section 114(j) of title 17, United States
Code, is amended--
(A) by redesignating paragraphs (4) through (15) as
paragraphs (5) through (16), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) `Competitive market circumstances' are circumstances
in which a licensee enters into a license for the
noninteractive performance of sound recordings with a licensor
that does not possess market power resulting from the
aggregation of copyrights, either by a licensing collective or
individual copyright owners.''.
(b) Precedential Value of Settlements.--Section 114(f)(4) of title
17, United States Code, as so redesignated by subsection (a)(2), is
amended--
(1) in subparagraph (B), by striking the second sentence;
(2) by striking subparagraphs (C) and (F);
(3) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(4) by adding at the end the following:
``(E) The rates and terms of any settlements made
pursuant to the amendments made by the Webcaster
Settlement Act of 2009 (Public Law 111-36; 123 Stat.
1926) that were to expire before December 31, 2015,
shall be extended through December 31, 2015, according
to the rates and terms applicable to 2014.''.
(c) Technical and Conforming Amendments.--Chapter 8 of title 17,
United States Code, is amended--
(1) in section 801(b)(7)(B), by striking ``114(f)(3)'' and
inserting ``114(f)(2)'';
(2) in section 803(c)(2)(E)(i)(II)--
(A) by striking ``section 114(f)(1)(C) or
114(f)(2)(C)'' and inserting ``section 114(f)(1)(E)'';
and
(B) by striking ``section 114(f)(4)(B)'' and
inserting ``section 114(f)(3)(B)''; and
(3) in section 804(b)(3)(C)--
(A) in clause (i), by striking ``section
114(f)(1)(C) and 114(f)(2)(C)'' and inserting ``section
114(f)(1)(E)'';
(B) in clause (iii)(II), by striking ``section
114(f)(4)(B)(ii) and (C)'' and inserting
``subparagraphs (B)(ii) and (C) of section 114(f)(3)'';
and
(C) in clause (iv), by striking ``section
114(f)(1)(C) or 114(f)(2)(C)'' and inserting ``section
114(f)(1)(E)''.
SEC. 4. MODERNIZATION OF CONDITIONS GOVERNING EPHEMERAL RECORDING
EXEMPTION AND STATUTORY LICENSES.
(a) Ephemeral Recording Exemption.--Section 112(a)(1) of title 17,
United States Code, is amended by striking ``no more than'' and all
that follows and inserting the following: ``1 or more copies or
phonorecords embodying the performance or display, if--
``(A) the copies or phonorecords are retained and
used solely by the transmitting organization that made
them, and no further copies or phonorecords are
reproduced from them, except as may be incidental to
the operation of the transmission technology used by
the transmitting organization; and
``(B) the copies or phonorecords are used solely
for the transmitting organization's own transmissions
originating in the United States, or for purposes of
archival preservation or security.''.
(b) Ephemeral Recording Statutory License.--Section 112(e)(1) of
title 17, United States Code, is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``or under a statutory license in
accordance with section 114(f)''; and
(B) by striking ``if the following conditions are
satisfied:'' and inserting ``if--'';
(2) in subparagraph (A)--
(A) by striking ``The'' and inserting ``the''; and
(B) by striking the period at the end and inserting
``, except as may be incidental to the operation of the
transmission technology used by the transmitting
organization;'';
(3) in subparagraph (B)--
(A) by striking ``The'' and inserting ``the'';
(B) by striking ``a statutory license in accordance
with section 114(f) or''; and
(C) by striking the period at the end and inserting
``, or for purposes of archival preservation or
security; and'';
(4) by striking subparagraph (C);
(5) by redesignating subparagraph (D) as subparagraph (C);
and
(6) in subparagraph (C), as so redesignated, by striking
``Phonorecords'' and inserting ``phonorecords''.
(c) Sound Recording Performance Statutory License.--Section
114(d)(2)(C) of title 17, United States Code, is amended--
(1) in clause (i), by striking ``of a broadcast
transmission'' and all that follows and inserting the
following: ``or simultaneous transmission of a broadcast
transmission in any medium, which may include programming
substituted for programming contained in the broadcast
transmission with respect to which the transmitting entity
lacks the requisite licenses or clearances to make the
transmission in the medium, or for advertisements contained in
the broadcast transmission, or the transmission of any
programming previously included in a broadcast transmission as
an archived program in conformance with clause (iii);'';
(2) by striking clause (ii) and inserting the following:
``(ii) the transmitting
entity does not cause to be
published in writing by means
of an advance program schedule
the titles of the specific
sound recordings or
phonorecords embodying such
sound recordings to be
transmitted at particular
times, except that this clause
does not disqualify a
transmitting entity that
publishes in writing--
``(AA) such a
program schedule that
identifies sound
recordings,
phonorecords or artists
that will be featured
within a period of time
greater than 3 hours or
within an unspecified
future time period; or
``(BB) an advance
program schedule that
is a schedule of
classical music
programming to be
performed as part of a
retransmission or
simultaneous
transmission of a
broadcast transmission,
which may include
programming substituted
for programming
contained in the
broadcast transmission
with respect to which
the transmitting entity
lacks the requisite
licenses or clearances
to make the
transmission in the
medium, or for
advertisements
contained in the
broadcast
transmission;'';
(3) in clause (iii)--
(A) in subclause (II), by adding ``or'' at the end;
and
(B) beginning in subclause (III), by striking
``or'' and all that follows through ``requirement;'';
(4) in clause (vii)--
(A) by striking ``and the transmitting entity''
through ``of the copyright owner,''; and
(B) by striking ``of a broadcast transmission'' and
all that follows and inserting ``or simultaneous
transmission of a broadcast transmission, which may
include programming substituted for programming
contained in the broadcast transmission with respect to
which the transmitting entity lacks the requisite
licenses or clearances to make the transmission in the
medium, or for advertisements contained in the
broadcast transmission;''; and
(5) by amending clause (ix) to read as follows:
``(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 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 apply to the extent
that the transmitting entity does not have the
technology or information necessary to provide
such textual data.''.
SEC. 5. PROMOTION OF A COMPETITIVE MARKETPLACE.
(a) Limitation of Antitrust Exemptions.--
(1) Ephemeral recordings.--Section 112(e)(2) of title 17,
United States Code, is amended--
(A) by inserting ``, on a nonexclusive basis,''
after ``common agents''; and
(B) by adding at the end the following: ``Nothing
in this paragraph shall be construed to permit any
copyright owners of sound recordings acting jointly, or
any common agent or collective representing such
copyright owners, to take any action that would
prohibit, interfere with, or impede direct licensing by
copyright owners of sound recordings in competition
with licensing by any common agent or collective, and
any such action that affects interstate commerce shall
be deemed a contract, combination or conspiracy in
restraint of trade in violation of section 1 of the
Sherman Act (15 U.S.C. 1).''.
(2) Digital sound recording performances.--Section 114(e)
of title 17, United States Code, is amended by adding at the
end the following:
``(3) Nothing in this subsection shall be construed to
permit any copyright owners of sound recordings acting jointly,
or any common agent or collective representing such copyright
owners, to take any action that would prohibit, interfere with,
or impede direct licensing by copyright owners of sound
recordings in competition with licensing by any common agent or
collective, and any such action that affects interstate
commerce shall be deemed a contract, combination or conspiracy
in restraint of trade in violation of section 1 of the Sherman
Act (15 U.S.C. 1).
``(4) In order to obtain the benefits of paragraph (1), a
common agent or collective representing copyright owners of
sound recordings must make available at no charge through
publicly accessible computer access through the Internet the
most current available list of sound recording copyright owners
represented by the organization and the most current list of
sound recordings licensed by the organization.''.
SEC. 6. PROCEEDINGS OF THE COPYRIGHT ROYALTY JUDGES AND JUDICIAL
REVIEW.
(a) Proceedings and Precedential Value.--Section 803(a)(1) of title
17, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ```In carrying out the purposes set forth in section
801, all proceedings of the Copyright Royalty Judges shall be
conducted in accordance with this title and, unless contrary to
a procedure set forth in subsection (b), according to the
Federal Rules of Civil Procedure and the Federal Rules of
Evidence.''; and
(2) by adding at the end the following: ``Notwithstanding
the preceding sentence, in any rate-setting proceeding under
section 112(e)(4) or section 114(f)(2)(B), the Copyright
Royalty Judges may only consider as precedent and act in
accordance with determinations and interpretations that are
made under the objectives set forth in section 801(b) for the
statutory licenses under sections 112(e) and 114(d)(2).''.
(b) Regulations.--Section 803(b)(6) of title 17, United States
Code, is amended--
(1) in subparagraph (C), by striking ``Requirements.--
Regulations'' and inserting ``Requirements in cases not
involving digital performances of sound recordings.--In
proceedings other than proceedings to determine terms and rates
of royalty payments under section 112 or 114, regulations'';
and
(2) by adding at the end the following:
``(D) Requirements in proceedings involving digital
performances of sound recordings.--In proceedings to
determine terms and rates of royalty payments under
section 112 or 114, the following shall apply:
``(i) Initial disclosures.--Not later than
30 days after the date on which the voluntary
negotiation period is initiated pursuant to
paragraph (3)(A)(i), each participant shall
make an initial disclosure to the other
participants by providing copies--
``(I) of all license agreements
entered into by that participant, its
members, or any licensor or licensee
represented in the proceeding by that
participant during the applicable 5-
year period or covering any portion of
the period for which the rates are to
be set, relating to--
``(aa) in a proceeding
under section 112, the making
of ephemeral recordings; or
``(bb) in a proceeding
under section 114, the public
performance of musical works,
sound recordings, or
audiovisual works incorporating
recorded musical works; or
``(II) of any other license
agreement or document upon which the
participant intends to rely, in whole
or in part, in its ratemaking proposal,
as well as all license agreements
entered into by the participant, its
members, or any licensor or licensee
represented in the proceeding by that
participant for the same or similar
rights during the applicable 5-year
period or covering any portion of the
period for which the rates are to be
set.
``(ii) Protective order; sanctions.--
Disclosures under clause (i) and other
confidential information produced by a
participant or third party during discovery, or
used during the proceeding, shall be subject to
a protective order, entered by the Copyright
Royalty Judges in the proceeding, that
prohibits use of the disclosures and the
confidential information for any purpose other
than the proceeding and that prohibits
disclosure of the licenses or other documents
included in the disclosure or of other
confidential information to any person that is
not counsel of record in the proceeding. The
Copyright Royalty Judges may impose appropriate
sanctions for failure to comply in a timely
manner with the matters required to be
disclosed under clause (i).
``(iii) Statements of the case.--Statements
of the case shall be filed by a date specified
by the Copyright Royalty Judges, which for
licensor participants shall be no earlier than
the end of the 90-day period beginning on the
date on which the voluntary negotiation period
concludes, and for licensee participants shall
be no earlier than the end of the 60-day period
beginning on the date on which the statements
of the case are required to be submitted by
licensor participants.
``(iv) Subpoena power.--The Copyright
Royalty Judges shall have the power to issue
subpoenas at the request of a participant to
non-participants, subject to the Federal Rules
of Civil Procedure. Orders by the Copyright
Royalty Judges to enforce such subpoenas may be
enforced by the requesting participant in an
action in the district court in which the
subpoenaed party resides.
``(v) Scheduling conference.--The Copyright
Royalty Judges shall order a scheduling
conference no sooner than 45 days following the
submission to the Copyright Royalty Judges of
the statement of the case of the licensee
participants. Participants shall submit jointly
a proposed discovery plan no later than 21 days
before the conference. Following the
conference, the Copyright Royalty Judges shall
issue an initial scheduling order governing
pretrial procedures, and permitting discovery
that is reasonable and sufficient, giving due
consideration to the proposals of the
participants and the magnitude of the potential
royalty payments at issue during the license
period covered by the proceeding. The period to
conduct discovery shall be no shorter than 90
days, plus the time needed to complete
discovery ordered by the Copyright Royalty
Judges in connection with the resolution of
motions, orders, and disputes pending at the
end of such period.
``(vi) Settlement conference.--The
Copyright Royalty Judges shall order a
settlement conference among the participants in
the proceeding to facilitate the presentation
of offers of settlement among the participants.
The settlement conference shall be held during
the 21-day period beginning on the day after
the last day of the discovery period ordered
pursuant to clause (iv) and shall take place
outside the presence of the Copyright Royalty
Judges.
``(vii) Joint pretrial order.--If the
conference required in clause (v) does not
result in a settlement among all parties, not
later than 60 days after the last day of the
settlement conference, the remaining
participants shall propose a joint pretrial
order--
``(I) stating the rates and terms
proposed by each participant and
setting forth, in detail, the grounds
for such proposals;
``(II) setting forth admissions and
stipulations about facts and documents;
``(III) avoiding unnecessary proof
and cumulative evidence and limiting
the use of testimony under rule 702 of
the Federal Rules of Evidence;
``(IV) identifying the witnesses to
be offered by each party, and attaching
all witness statements, testimony, and
exhibits to be presented in the
proceeding and such other information
that is necessary to establish terms
and rates;
``(V) listing the evidence to be
offered by each party, and identifying
any objections to any such evidence;
``(VI) identifying any pending
motions, including motions in limine
and attaching any such motions that
have not yet been filed;
``(VII) proposing a reasonable
limit on the time allowed to present
evidence; and
``(VIII) proposing other ways to
facilitate the just, speedy, and
inexpensive disposition of the
proceeding.
``(viii) Pretrial order.--The Copyright
Royalty Judges shall hold a prehearing
conference to address the issues set forth in
the proposed joint pretrial order, and shall
issue an order reciting the action taken. The
order shall allocate to the licensor
participants and licensee participants
sufficient, reasonable, and equal time in which
to present their respective cases, and shall
afford each set of participants an opportunity
for rebuttal. The order issued by the Copyright
Royalty Judges under this clause shall control
the course of the action unless the Judges
modify it.
``(ix) Definitions.--In this subparagraph:
``(I) Applicable 5-year period.--
The term `applicable 5-year period'
means--
``(aa) the period of 5
calendar years preceding the
year in which the applicable
voluntary negotiation period
begins; and
``(bb) the period of the
current calendar year through
the date on which the initial
disclosure under clause (i) is
made.
``(II) Licensee.--The term
`licensee' means a person or entity
that exercises rights under a statutory
license under section 112 or 114.
``(III) Licensee participant.--The
term `licensee participant' means a
participant that is, or is an
authorized representative of, a
licensee.
``(IV) Licensor.--The term
`licensor' means a person or entity
entitled to receive royalty payments
under section 112 or 114.
``(V) Licensor participant.--The
term `licensor participant' means a
participant that is, or that is an
authorized representative of, a
licensor.
``(VI) Statement of the case.--The
term `statement of the case' means a
short and plain statement that--
``(aa) identifies all
participants and licensors or
licensees on whose behalf the
statement is being submitted;
``(bb) states the proposed
rate or rates and terms of the
participants for each right at
issue in the proceeding and
sets forth in detail the basis
of each such proposed rate and
term;
``(cc) identifies each
witness that the participant
intends to call in support of
its rate and terms proposal and
summarizes the anticipated
testimony of each witness; and
``(dd) includes any
reports, including expert
reports, and any documents upon
which the participant
relies.''.
(c) Timing of Determination.--Section 803(c)(1) of title 17, United
States Code, is amended by striking ``subsection (b)(6)(C)(x)'' and
inserting ``subparagraph (C)(x) or (D)(v) of subsection (b)(6) (as the
case may be)''.
(d) Judicial Review.--Section 803(d)(3) of title 17, United States
Code, is amended by striking the first sentence and inserting the
following: ``Conclusions of law, and determinations of rates in which
the Copyright Royalty Judges are required to apply the facts of record
to the objectives set forth in section 801(b) shall be subject to de
novo review. Findings of fact by the Copyright Royalty Judges shall be
subject to review for clear error. All other actions by the Copyright
Royalty Judges shall be subject to review for abuse of discretion.''.
SEC. 7. GLOBAL MUSIC RIGHTS DATABASE.
For purposes of facilitating compensation to artists of musical
works and combating copyright infringement, not later than 180 days
after the date of enactment of this Act, the Librarian of Congress, in
consultation with the Intellectual Property Enforcement Coordinate and
the United States Patent and Trademark Office, shall submit to Congress
a report that provides a set of recommendations about how the Federal
Government can facilitate, and possibly establish, a global music
registry that is sustainably financed and consistent with World
Intellectual Property Organization obligations. Such registry should,
to the extent practicable, include all known or copyrighted musical
works, the writers of the work, the owners of the rights, the entity on
behalf of those owners who can license such rights on a territory-by-
territory basis, and all known sound recording data.
SEC. 8. EFFECTIVE DATE AND TRANSITIONAL RULES.
(a) In General.--Except as provided in subsection (c), the
amendments made by this Act shall take effect on the date of enactment
of this Act and shall apply to any proceeding that is pending on, or
that begins on or after the date of enactment. The Copyright Royalty
Judges in office as of the date of enactment shall have only such
continuing authority as is provided in paragraphs (1) and (2) of
subsection (c).
(b) Regulations.--Not later than 60 days after the date on which
not less than 2 Copyright Royalty Judges are appointed and confirmed
pursuant to section 2, the Copyright Royalty Judges shall propose
regulations implementing the amendments set forth in section 6(b), by
notice in the Federal Register, providing 30 days for comments and 15
days for reply comments. Not later than 45 days after the date on which
the 15-day period for reply comments ends, the Copyright Royalty Judges
shall promulgate final regulations.
(c) Applicability to Pending Proceedings.--
(1) Proceedings in which the hearing on the merits has
concluded.--The Copyright Royalty Judges sitting on the date of
enactment shall have authority to decide any pending proceeding
in which the hearing on the merits has concluded, under the
standards, procedures, and regulations in effect prior to the
enactment of this Act. This authority shall include the
authority to decide any motion for rehearing under section
803(c)(2) of title 17, United States Code, in any such
proceeding.
(2) Proceedings in which the hearing on the merits has
commenced but not concluded.--The Copyright Royalty Judges
sitting on the date of enactment shall have authority to decide
any pending proceeding in which the hearing on the merits has
commenced but not concluded, under the standards, procedures,
and regulations in effect prior to the enactment of this Act,
except that this authority may only be exercised with the
consent of all participants in any proceeding to determine
terms and rates of royalty payments under section 112 or 114 of
title 17, United States Code. This authority shall include the
authority to decide any motion for rehearing under section
803(c)(2) of title 17, United States Code, in any such
proceeding.
(3) All other pending proceedings.--The Copyright Royalty
Judges appointed pursuant to section 2 shall assume authority
over any pending proceeding in which the hearing on the merits
has not commenced. The Copyright Royalty Judges shall
recommence any pending proceeding to determine terms and rates
of royalty payments under section 112 or 114 of title 17,
United States Code, under the procedures, standards and
regulations set forth in this Act, and the requirement set
forth in section 803(c)(1) of title 17, United States Code,
that the proceeding be concluded no later than 15 days before
the expiration of the then current statutory rates and terms,
shall not apply. The Copyright Royalty Judges shall set a
reasonable schedule for the continuation of any pending
proceeding other than a proceeding to determine the terms and
rates of royalty payments under section 112 or 114 of title 17,
United States Code.
<all>