[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2393 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2393
To amend title 17, United States Code, to provide Federal protection to
the digital audio transmission of a sound recording fixed before
February 15, 1972, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2018
Mr. Coons (for himself, Mr. Kennedy, Mr. Tillis, Mr. Corker, and Mr.
Booker) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to provide Federal protection to
the digital audio transmission of a sound recording fixed before
February 15, 1972, 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 ``Compensating Legacy Artists for
their Songs, Service, and Important Contributions to Society Act'' or
the ``CLASSICS Act''.
SEC. 2. UNAUTHORIZED DIGITAL PERFORMANCE OF PRE-1972 SOUND RECORDINGS.
(a) Amendment.--Title 17, United States Code, is amended by adding
at the end the following:
``CHAPTER 14--UNAUTHORIZED DIGITAL PERFORMANCE OF PRE-1972 SOUND
RECORDINGS
``Sec.
``1401. Unauthorized digital performance of pre-1972 sound recordings.
``Sec. 1401. Unauthorized digital performance of pre-1972 sound
recordings
``(a) Unauthorized Acts.--Anyone who, prior to February 15, 2067,
performs publicly by means of digital audio transmission a sound
recording fixed before February 15, 1972, without the consent of the
rights owner, shall be subject to the remedies provided in sections 502
through 505 to the same extent as an infringer of copyright.
``(b) Certain Unauthorized Transmissions.--Transmissions of sound
recordings fixed before February 15, 1972, shall be considered
authorized and with the consent of the rights owner for purposes of
subsection (a), if--
``(1) the transmissions are made by a transmitting entity
publicly performing sound recordings protected under this title
by means of digital audio transmissions subject to section 114;
``(2) the transmissions would satisfy the requirements for
statutory licensing under section 114(d)(2) or would be exempt
under section 114(d)(1), if the sound recordings were fixed on
or after February 15, 1972;
``(3) in the case of transmissions that would not be exempt
under section 114(d)(1) as described in paragraph (2), the
transmitting entity pays statutory royalties and provides
notice of its use of the relevant sound recordings in the same
manner as required by regulations adopted by the Copyright
Royalty Judges for sound recordings that are protected under
this title; and
``(4) in the case of transmissions that would not be exempt
under section 114(d)(1) as described in paragraph (2), the
transmitting entity otherwise satisfies the requirements for
statutory licensing under section 114(f)(4)(B).
``(c) Transmissions by Direct Licensing of Statutory Services.--
``(1) In general.--A transmission of a sound recording
fixed before February 15, 1972, shall be considered authorized
and with the consent of the rights owner for purposes of
subsection (a) if included in any license agreement voluntarily
negotiated at any time between the rights owner and the entity
performing the sound recording.
``(2) Payment of royalties to nonprofit agent.--To the
extent that such a license extends to transmissions of sound
recordings fixed before February 15, 1972, that satisfy the
conditions of subsection (b), the licensee shall pay 50 percent
of the performance royalties for the transmissions due under
the license to the collective designated to distribute receipts
from the licensing of transmissions in accordance with section
114(f), with such royalties fully credited as payments due
under such license.
``(3) Distribution of royalties by nonprofit agent.--That
collective shall distribute the royalties received pursuant to
paragraph (2) in accordance with subparagraphs (B) through (D)
of section 114(g)(2). Such payments shall be the sole payments
to which featured and nonfeatured artists are entitled by
virtue of such transmissions under the license.
``(4) Rule of construction.--This section does not prohibit
any other license from directing the licensee to pay other
royalties due to featured and nonfeatured artists for such
transmissions to the collective designated to distribute
receipts from the licensing of transmissions in accordance with
section 114(f).
``(d) Relationship to State Law.--
``(1) In general.--Nothing in this section shall be
construed to annul or limit any rights or remedies under the
common law or statutes of any State for sound recordings fixed
before February 15, 1972, except, notwithstanding section
301(c), the following:
``(A) This section preempts claims of common law
copyright or equivalent rights under the law of any
State arising from digital audio transmissions of sound
recordings fixed before February 15, 1972, made on and
after the effective date of this section.
``(B) This section preempts claims of common law
copyright or equivalent rights under the law of any
State arising from reproductions of sound recordings
fixed before February 15, 1972, made on and after the
effective date of this section, for reproductions that
would satisfy the requirements for statutory licensing
under section 112(e)(1) and (6), if the sound
recordings were fixed on or after February 15, 1972.
``(C) This section preempts claims of common law
copyright or equivalent rights under the law of any
State arising from digital audio transmissions and
reproductions of sound recordings fixed before February
15, 1972, made before the effective date of this
section, if--
``(i) the digital audio transmissions and
reproductions would have satisfied the
requirements for statutory licensing under
section 114(d)(2) or been exempt under section
114(d)(1), or would have satisfied the
requirements of section 112(e)(1),
respectively; and
``(ii) within 270 days after the effective
date of this section, except in the case of
transmissions that would have been exempt under
section 114(d)(1), the transmitting entity pays
statutory royalties and provides notice of the
use of the relevant sound recordings in the
same manner as required by regulations adopted
by the Copyright Royalty Judges for sound
recordings that are protected under this title
for all the digital audio transmissions and
reproductions satisfying the requirements for
statutory licensing under section 114(d)(2) and
section 112(e)(1) during the 3 years prior to
the effective date of this section.
``(2) Rule of construction for common law copyright.--For
purposes of subparagraphs (A) through (C) of paragraph (1),
claims of common law copyright or equivalent rights under the
law of any State include claims that characterize conduct
subject to such subparagraphs as an unlawful distribution, act
of record piracy, or similar violation.
``(3) Rule of construction for public performance rights.--
Nothing in this section shall be construed to recognize or
negate the existence of public performance rights in sound
recordings under the law of any State.
``(e) Limitations on Remedies.--
``(1) Fair use; reproduction by libraries and archives.--
The limitations on the exclusive rights of a copyright owner
described in sections 107 and 108 shall apply to a claim for
unauthorized performance of a sound recording fixed before
February 15, 1972, under subsection (a).
``(2) Actions.--The limitations on actions described in
section 507 shall apply to a claim for unauthorized performance
of a sound recording fixed before February 15, 1972, under
subsection (a).
``(3) Material online.--The limitations on liability
described in section 512 of this title shall apply to a claim
for unauthorized performance of a sound recording fixed before
February 15, 1972, under subsection (a).
``(4) Principles of equity.--Principles of equity apply to
remedies for a violation of this section to the same extent as
such principles apply to remedies for infringement of
copyright.
``(f) Application of Section 230 Safe Harbor.--For purposes of
section 230 of the Communications Act of 1934 (47 U.S.C. 230),
subsection (a) shall be considered `intellectual property laws' under
subsection (e)(2) of such section.
``(g) Rights Owner Defined.--In this section, the term `rights
owner' means the person who has the exclusive right to reproduce a
sound recording under the law of any State.''.
(b) Technical and Conforming Amendment.--The table of chapters for
title 17, United States Code, is amended by adding at the end the
following:
``14. Unauthorized Digital Performance of Pre-1972 Sound 1401''.
Recordings.
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