RESPECT Act

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. Short title This Act may be cited as the Respecting Senior Performers as Essential Cultural Treasures Act RESPECT Act 2. Payment for use of certain sound recordings Section 114(f)(4) (D) (i) Any person publicly performing sound recordings protected under this title by means of transmissions under a statutory license under this section, or making reproductions of such sound recordings under section 112(e), shall make royalty payments for transmissions that person makes of sound recordings that were fixed before February 15, 1972, and reproductions that person makes of those sound recordings under the circumstances described in section 112(e)(1), in the same manner as such person does for sound recordings that are protected under this title. (ii) If a person fails to make royalty payments described in clause (i) for sound recordings fixed before February 15, 1972, there shall be available, in addition to any remedy that may be available under the laws of any State, a civil action in an appropriate United States district court for recovery limited to the payments described in clause (i), in addition to interest, costs, and attorneys’ fees. Any such recovery that is obtained shall be offset against any recovery for such violation that may be available under the laws of any State. (iii) No action may be brought under the laws of any State against a transmitting entity alleging infringement of a right equivalent to the right granted in section 106(6) based on a public performance of a sound recording fixed before February 15, 1972, or alleging infringement of a right equivalent to the right granted in section 106(1) based on a reproduction of such a sound recording, if— (I) the performance would have been subject to statutory licensing under subsection (d)(2) if the sound recording had been first fixed on or after February 15, 1972; (II) the reproduction would have been subject to statutory licensing under section 112(e)(1) if the sound recording had been first fixed on or after February 15, 1972; (III) the transmitting entity has satisfied the requirements for statutory licensing under subparagraph (B) and section 112(e)(6); and (IV) the applicable royalty was paid and accounted for under this subparagraph. (iv) This subparagraph does not confer copyright protection under this title upon sound recordings that were fixed before February 15, 1972. Such sound recordings are subject to the protection available under the laws of the States, and except as provided in clause (iii), are not subject to any limitation of rights or remedies, or any defense, provided under this title. (v) This subparagraph shall have no effect with respect to any public performance that is made of a sound recording, or reproduction that is made of a sound recording under the circumstances described in section 112(e)(1), on or after February 15, 2067. . 3. Effective date The amendments made by this Act shall apply to performances and reproductions of sound recordings occurring on or after the date of the enactment of this Act.

Summary: Respecting Senior Performers as Essential Cultural Treasures Act or the RESPECT Act - Requires digital music services (certain services providing digital transmissions of music by Internet radio, cable, or satellite) that transmit sound recordings under the statutory license provided under federal copyright law to pay royalties for sound recordings fixed before February 15, 1972, in the same manner as they pay royalties for sound recordings protected by federal copyright that are fixed after such date. (Currently, sound recordings fixed before February 15, 1972, are governed by state laws and are not subject to federal copyright laws that require music services to pay a performance royalty for transmitting such recordings.) Provides a remedy under which performance royalties for the transmission of such recordings may be recovered in a civil action in federal court if a digital music service fails to make such payments. Prohibits an infringement action against a transmitting entity from being brought under a state law if the appropriate royalty is paid under this Act. Declares that this Act does not confer federal copyright protection upon such recordings fixed before February 15, 1972 (sound recordings fixed before February 15, 1972, remain under applicable state laws notwithstanding the payment of royalties under federal statutory licensing requirements). Terminates this Act on February 15, 2067.