```

[110th Congress Public Law 435]
[From the U.S. Government Printing Office]

[DOCID: f:publ435.110]

[[Page 122 STAT. 4974]]

Public Law 110-435
110th Congress

                                 An Act

 
  To amend section 114 of title 17, United States Code, to provide for 
 agreements for the reproduction and performance of sound recordings by 
           webcasters. <<NOTE: Oct. 16, 2008 -  [H.R. 7084]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 
assembled, <<NOTE: Webcaster Settlement Act of 2008. Copyrights. 17 USC 
101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Webcaster Settlement Act of 2008''.
SEC. 2. AGREEMENTS ON BEHALF OF WEBCASTERS.

    Section 114(f)(5) of title 17, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``small commercial'' each place it 
                appears and inserting ``commercial'';
                    (B) by striking ``during the period beginning on 
                October 28, 1998, and ending on December 31, 2004'' and 
                inserting ``for a period of not more than 11 years 
                beginning on January 1, 2005'';
                    (C) by striking ``a copyright arbitration royalty 
                panel or decision by the Librarian of Congress'' and 
                inserting ``the Copyright Royalty Judges''; and
                    (D) in the second sentence, by striking ``webcasters 
                shall include'' and inserting ``webcasters may 
                include'';
            (2) in subparagraph (B), by striking ``small commercial'' 
        and inserting ``commercial'';
            (3) in subparagraph (C)--
                    (A) by striking ``Librarian of Congress'' and 
                inserting ``Copyright Royalty Judges'';
                    (B) by striking ``small webcasters'' and inserting 
                ``webcasters''; and
                    (C) by adding at the end the following: ``This 
                subparagraph shall not apply to the extent that the 
                receiving agent and a webcaster that is party to an 
                agreement entered into pursuant to subparagraph (A) 
                expressly authorize the submission of the agreement in a 
                proceeding under this subsection.'';
            (4) in subparagraph (D)--
                    (A) by striking ``the Small Webcasters Settlement 
                Act of 2002'' and inserting ``the Webcaster Settlement 
                Act of 2008'' ; and
                    (B) by striking ``Librarian of Congress of July 8, 
                2002'' and inserting ``Copyright Royalty Judges of May 
                1, 2007''; and

[[Page 122 STAT. 4975]]

            (5) in subparagraph (F), by striking ``December 15, 2002'' 
        and all that follows through ``2003'' and inserting ``February 
        15, 2009''.

    Approved October 16, 2008.

LEGISLATIVE HISTORY--H.R. 7084:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 27, considered and passed House.
            Sept. 30, considered and passed Senate.

                                  <all>
```