I 

113TH CONGRESS 

2D SESSION H. R. 4772 

To amend title 17, United States Code, to provide for the payment of 

royalties for the performance of sound recordings fixed before February 

15, 1972, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 29, 2014 

Mr. HOLDING (for himself, Mr. CONYERS, Mr. COBLE, Mrs. BLACKBURN, Ms. 

CHU, Mr. COOPER, Mr. DEUTCH, Mr. GOHMERT, and Mr. JEFFRIES) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend title 17, United States Code, to provide for the 

payment of royalties for the performance of sound recordings fixed before February 15, 1972, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Respecting Senior Per5 formers as Essential Cultural Treasures Act’’ or the ‘‘RE6 SPECT Act’’. 


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1 SEC. 2. PAYMENT FOR USE OF CERTAIN SOUND RECORD2 INGS. 

3 Section 114(f)(4) of title 17, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(D)(i) Any person publicly performing sound 

6 recordings protected under this title by means of 

7 transmissions under a statutory license under this 

8 section, or making reproductions of such sound re9 cordings under section 112(e), shall make royalty 

10 payments for transmissions that person makes of 

11 sound recordings that were fixed before February 

12 15, 1972, and reproductions that person makes of 

13 those sound recordings under the circumstances de14 scribed in section 112(e)(1), in the same manner as 

15 such person does for sound recordings that are pro16 tected under this title. 

17 ‘‘(ii) If a person fails to make royalty payments 

18 described in clause (i) for sound recordings fixed be19 fore February 15, 1972, there shall be available, in 

20 addition to any remedy that may be available under 

21 the laws of any State, a civil action in an appro22 priate United States district court for recovery lim23 ited to the payments described in clause (i), in addi24 tion to interest, costs, and attorneys’ fees. Any such 

25 recovery that is obtained shall be offset against any 


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1 recovery for such violation that may be available 

2 under the laws of any State. 

3 ‘‘(iii) No action may be brought under the laws 

4 of any State against a transmitting entity alleging 

5 infringement of a right equivalent to the right grant6 ed in section 106(6) based on a public performance 

7 of a sound recording fixed before February 15, 

8 1972, or alleging infringement of a right equivalent 

9 to the right granted in section 106(1) based on a re10 production of such a sound recording, if— 

11 ‘‘(I) the performance would have been sub12 ject to statutory licensing under subsection 

13 (d)(2) if the sound recording had been first 

14 fixed on or after February 15, 1972; 

15 ‘‘(II) the reproduction would have been 

16 subject to statutory licensing under section 

17 112(e)(1) if the sound recording had been first 

18 fixed on or after February 15, 1972; 

19 ‘‘(III) the transmitting entity has satisfied 

20 the requirements for statutory licensing under 

21 subparagraph (B) and section 112(e)(6); and 

22 ‘‘(IV) the applicable royalty was paid and 

23 accounted for under this subparagraph. 

24 ‘‘(iv) This subparagraph does not confer copy25 right protection under this title upon sound recordVerDate Mar 15 2010 00:23 Jun 05, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4772.IH H4772

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1 ings that were fixed before February 15, 1972. Such 

2 sound recordings are subject to the protection avail3 able under the laws of the States, and except as pro4 vided in clause (iii), are not subject to any limitation 

5 of rights or remedies, or any defense, provided under 

6 this title. 

7 ‘‘(v) This subparagraph shall have no effect 

8 with respect to any public performance that is made 

9 of a sound recording, or reproduction that is made 

10 of a sound recording under the circumstances de11 scribed in section 112(e)(1), on or after February 

12 15, 2067.’’. 

13 SEC. 3. EFFECTIVE DATE. 

14 The amendments made by this Act shall apply to per15 formances and reproductions of sound recordings occur16 ring on or after the date of the enactment of this Act. 

Æ 


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