HR 5447 RDS
‘‘(I) The mechanical licensing 
collective shall provide written notice 
to the digital music provider describ-
ing with reasonable particularity the 
default and advising that unless such 
default is cured within 60 calendar 
days after the date of the notice, the 
blanket license will automatically ter-
minate at the end of that period. 
‘‘(II) If the digital music provider 
fails to remedy the default within the 
60-day period referenced in subclause 
(I), the license shall terminate without 
any further action on the part of the 
mechanical licensing collective. Such 
termination renders the making of all 
digital phonorecord deliveries of all 
musical works (and shares thereof) 
covered by the blanket license for 
which the royalty or administrative 
assessment has not been paid action-
able as acts of infringement under 
section 501 and subject to the rem-
edies 
provided 
by 
sections 
502 
through 506. 
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‘‘(iii) NOTICE
TO
COPYRIGHT
OWN-
ERS.—The mechanical licensing collective 
shall provide written notice of any termi-
nation under this subparagraph to copy-
right owners of affected works. 
‘‘(iv) REVIEW BY FEDERAL DISTRICT 
COURT.—A digital music provider that be-
lieves a blanket license was improperly ter-
minated by the mechanical licensing collec-
tive may seek review of such termination in 
Federal district court. The district court 
shall determine the matter de novo based 
on the record before the mechanical licens-
ing collective and any additional sup-
porting evidence presented by the parties. 
‘‘(5) DIGITAL LICENSEE COORDINATOR.— 
‘‘(A) IN
GENERAL.—The digital licensee 
coordinator shall be a single entity that— 
‘‘(i) is a nonprofit, not owned by any 
other entity, that is created to carry out 
responsibilities under this subsection; 
‘‘(ii) is endorsed by and enjoys sub-
stantial support from digital music pro-
viders and significant nonblanket licensees 
that together represent the greatest per-
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centage of the licensee market for uses of 
musical works in covered activities, as 
measured over the preceding 3 calendar 
years; 
‘‘(iii) is able to demonstrate that it 
has, or will have prior to the license avail-
ability date, the administrative capabilities 
to perform the required functions of the 
digital licensee coordinator under this sub-
section; and 
‘‘(iv) has been designated by the Reg-
ister of Copyrights in accordance with sub-
paragraph (B). 
‘‘(B) DESIGNATION OF DIGITAL LICENSEE 
COORDINATOR.— 
‘‘(i) 
INITIAL
DESIGNATION.—The 
Register of Copyrights shall initially des-
ignate the digital licensee coordinator with-
in 9 months after the enactment date, in 
accordance with the same procedure de-
scribed for designation of the mechanical 
licensing collective in paragraph (3)(B)(i). 
‘‘(ii) PERIODIC REVIEW OF DESIGNA-
TION.—Following the initial designation of 
the digital licensee coordinator, the Reg-
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ister shall, every 5 years, beginning with 
the fifth full calendar year to commence 
after the initial designation, determine 
whether the existing designation should be 
continued, or a different entity meeting the 
criteria described in clauses (i) through 
(iii) of subparagraph (A) should be des-
ignated, in accordance with the same pro-
cedure described for the mechanical licens-
ing collective in paragraph (3)(B)(ii). 
‘‘(iii) INABILITY
TO
DESIGNATE.—If 
the Register is unable to identify an entity 
that fulfills each of the qualifications de-
scribed in clauses (i) through (iii) of sub-
paragraph (A) to serve as the digital li-
censee coordinator, the Register may de-
cline to designate a digital licensee coordi-
nator. The Register’s determination not to 
designate a digital licensee coordinator 
shall not negate or otherwise affect any 
provision of this subsection except to the 
limited extent that a provision references 
the digital licensee coordinator. In such 
case, the reference to the digital licensee 
coordinator shall be without effect unless 
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and until a new digital licensee coordinator 
is designated. 
‘‘(C) AUTHORITIES AND FUNCTIONS.— 
‘‘(i) IN
GENERAL.—The digital li-
censee coordinator is authorized to perform 
the following functions, subject to more 
particular requirements as described in 
this subsection: 
‘‘(I) 
Establish 
a 
governance 
structure, criteria for membership, 
and any dues to be paid by its mem-
bers. 
‘‘(II) Engage in efforts to enforce 
notice and payment obligations with 
respect to the administrative assess-
ment, including by receiving informa-
tion from and coordinating with the 
mechanical licensing collective. 
‘‘(III) Initiate and participate in 
proceedings before the Copyright Roy-
alty Judges to establish the adminis-
trative assessment under this sub-
section. 
‘‘(IV) Initiate and participate in 
proceedings before the Copyright Of-
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fice with respect to activities under 
this subsection. 
‘‘(V) Gather and provide docu-
mentation for use in proceedings be-
fore the Copyright Royalty Judges to 
set rates and terms under this section. 
‘‘(VI) Maintain records of its ac-
tivities. 
‘‘(VII) Engage in such other ac-
tivities as may be necessary or appro-
priate to fulfill its responsibilities 
under this subsection. 
‘‘(ii) RESTRICTION
ON
LOBBYING.— 
The digital licensee coordinator may not 
engage in government lobbying activities, 
but may engage in the activities described 
in subclauses (III), (IV), and (V) of clause 
(i). 
‘‘(6) REQUIREMENTS
FOR
SIGNIFICANT
NON-
BLANKET LICENSEES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) NOTICE OF ACTIVITY.—Not later 
than 45 calendar days after the license 
availability date, or 45 calendar days after 
the end of the first full calendar month in 
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which an entity initially qualifies as a sig-
nificant nonblanket licensee, whichever oc-
curs later, a significant nonblanket licensee 
shall submit a notice of nonblanket activity 
to the mechanical licensing collective. The 
notice of nonblanket activity shall comply 
in form and substance with requirements 
that the Register of Copyrights shall estab-
lish by regulation, and a copy shall be 
made available to the digital licensee coor-
dinator. 
‘‘(ii) REPORTING AND PAYMENT OBLI-
GATIONS.—The notice of nonblanket activ-
ity submitted to the mechanical licensing 
collective shall be accompanied by a report 
of usage that contains the information de-
scribed in paragraph (4)(A)(ii), as well as 
any payment of the administrative assess-
ment required under this subsection and 
applicable regulations. Thereafter, subject 
to clause (iii), a significant nonblanket li-
censee shall continue to provide monthly 
reports of usage, accompanied by any re-
quired payment of the administrative as-
sessment, to the mechanical licensing col-
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lective. Such reports and payments shall be 
submitted not later than 45 calendar days 
after the end of the calendar month being 
reported. 
‘‘(iii) DISCONTINUATION OF OBLIGA-
TIONS.—An entity that has submitted a 
notice of nonblanket activity to the me-
chanical licensing collective that has ceased 
to qualify as a significant nonblanket li-
censee may so notify the collective in writ-
ing. In such case, as of the calendar month 
in which such notice is provided, such enti-
ty shall no longer be required to provide 
reports of usage or pay the administrative 
assessment, but if such entity later quali-
fies as a significant nonblanket licensee, 
such entity shall again be required to com-
ply with clauses (i) and (ii). 
‘‘(B) REPORTING BY MECHANICAL LICENS-
ING COLLECTIVE TO DIGITAL LICENSEE COOR-
DINATOR.— 
‘‘(i) MONTHLY
REPORTS
OF
NON-
COMPLIANT
LICENSEES.—The mechanical 
licensing collective shall provide monthly 
reports to the digital licensee coordinator 
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setting forth any significant nonblanket li-
censees of which the collective is aware 
that have failed to comply with subpara-
graph (A). 
‘‘(ii) TREATMENT OF CONFIDENTIAL 
INFORMATION.—The mechanical licensing 
collective and digital licensee coordinator 
shall take appropriate steps to safeguard 
the confidentiality and security of financial 
and other sensitive data shared under this 
subparagraph, in accordance with the con-
fidentiality requirements prescribed by the 
Register of Copyrights under paragraph 
(12)(C). 
‘‘(C) LEGAL ENFORCEMENT EFFORTS.— 
‘‘(i) 
FEDERAL
COURT
ACTION.— 
Should the mechanical licensing collective 
or digital licensee coordinator become 
aware that a significant nonblanket li-
censee has failed to comply with subpara-
graph (A), either may commence an action 
in Federal district court for damages and 
injunctive relief. If the significant non-
blanket licensee is found liable, the court 
shall, absent a finding of excusable neglect, 
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award damages in an amount equal to 
three times the total amount of the unpaid 
administrative assessment and, notwith-
standing anything to the contrary in sec-
tion 505, reasonable attorney’s fees and 
costs, as well as such other relief as the 
court deems appropriate. In all other 
cases, the court shall award relief as ap-
propriate. Any recovery of damages shall 
be payable to the mechanical licensing col-
lective as an offset to the collective total 
costs. 
‘‘(ii) STATUTE OF LIMITATIONS FOR 
ENFORCEMENT
ACTION.—Any action de-
scribed in this subparagraph shall be com-
menced within the time period described in 
section 507(b). 
‘‘(iii) OTHER RIGHTS AND REMEDIES 
PRESERVED.—The ability of the mechan-
ical licensing collective or digital licensee 
coordinator to bring an action under this 
subparagraph shall in no way alter, limit 
or negate any other right or remedy that 
may be available to any party at law or in 
equity. 
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‘‘(7) FUNDING
OF
MECHANICAL
LICENSING 
COLLECTIVE.— 
‘‘(A) IN
GENERAL.—The collective total 
costs shall be funded by— 
‘‘(i) an administrative assessment, as 
such assessment is established by the 
Copyright Royalty Judges pursuant to sub-
paragraph (D) from time to time, to be 
paid by— 
‘‘(I) digital music providers that 
are engaged, in all or in part, in cov-
ered activities pursuant to a blanket 
license; and 
‘‘(II) significant nonblanket li-
censees; and 
‘‘(ii) voluntary contributions from dig-
ital music providers and significant non-
blanket licensees as may be agreed with 
copyright owners. 
‘‘(B) VOLUNTARY CONTRIBUTIONS.— 
‘‘(i) AGREEMENTS CONCERNING CON-
TRIBUTIONS.—Except 
as 
provided 
in 
clause (ii), voluntary contributions by dig-
ital music providers and significant non-
blanket licensees shall be determined by 
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private negotiation and agreement, and the 
following conditions apply: 
‘‘(I) The date and amount of 
each voluntary contribution to the me-
chanical licensing collective shall be 
documented in a writing signed by an 
authorized agent of the mechanical li-
censing collective and the contributing 
party. 
‘‘(II) Such agreement shall be 
made available as required in pro-
ceedings before the Copyright Royalty 
Judges to establish or adjust the ad-
ministrative assessment in accordance 
with applicable statutory and regu-
latory provisions and rulings of the 
Copyright Royalty Judges. 
‘‘(ii) 
TREATMENT
OF
CONTRIBU-
TIONS.—Each such voluntary contribution 
shall be treated for purposes of an admin-
istrative assessment proceeding as an off-
set to the collective total costs that would 
otherwise be recovered through the admin-
istrative assessment. Any allocation or re-
allocation of voluntary contributions be-
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tween or among individual digital music 
providers or significant nonblanket licens-
ees shall be a matter of private negotiation 
and agreement among such parties and 
outside the scope of the administrative as-
sessment proceeding. 
‘‘(C) INTERIM APPLICATION OF ACCRUED 
ROYALTIES.—In the event that the administra-
tive assessment, together with any funding from 
voluntary contributions as provided in subpara-
graphs (A) and (B), is inadequate to cover cur-
rent collective total costs, the collective, with 
approval of its board of directors, may apply 
unclaimed accrued royalties on an interim basis 
to defray such costs, subject to future reim-
bursement of such royalties from future collec-
tions of the assessment. 
‘‘(D) DETERMINATION
OF
ADMINISTRA-
TIVE ASSESSMENT.— 
‘‘(i) ADMINISTRATIVE ASSESSMENT TO 
COVER
COLLECTIVE
TOTAL
COSTS.—The 
administrative assessment shall be used 
solely and exclusively to fund the collective 
total costs. 
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‘‘(ii) SEPARATE PROCEEDING BEFORE 
COPYRIGHT
ROYALTY
JUDGES.—The 
amount and terms of the administrative 
assessment shall be determined and estab-
lished in a separate and independent pro-
ceeding before the Copyright Royalty 
Judges, according to the procedures de-
scribed in clauses (iii) and (iv). The admin-
istrative assessment determined in such 
proceeding shall— 
‘‘(I) be wholly independent of 
royalty rates and terms applicable to 
digital music providers, which shall 
not be taken into consideration in any 
manner in establishing the adminis-
trative assessment; 
‘‘(II) be established by the Copy-
right Royalty Judges in an amount 
that is calculated to defray the rea-
sonable collective total costs; 
‘‘(III) be assessed based on usage 
of musical works by digital music pro-
viders and significant nonblanket li-
censees in covered activities under 
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both compulsory and nonblanket li-
censes; 
‘‘(IV) may be in the form of a 
percentage of royalties payable under 
this section for usage of musical 
works in covered activities (regardless 
of whether a different rate applies 
under a voluntary license), or any 
other usage-based metric reasonably 
calculated to equitably allocate the 
collective total costs across digital 
music providers and significant non-
blanket licensees engaged in covered 
activities, but shall include as a com-
ponent a minimum fee for all digital 
music providers and significant non-
blanket licensees; and 
‘‘(V) take into consideration an-
ticipated future collective total costs 
and collections of the administrative 
assessment, but also, as applicable— 
‘‘(aa) any portion of past ac-
tual collective total costs of the 
mechanical 
licensing 
collective 
not funded by previous collections 
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of the administrative assessment 
or voluntary contributions be-
cause such collections or con-
tributions together were insuffi-
cient to fund such costs; 
‘‘(bb) any past collections of 
the 
administrative 
assessment 
and voluntary contributions that 
exceeded past actual collective 
total costs, resulting in a surplus; 
and 
‘‘(cc) the amount of any vol-
untary contributions by digital 
music providers or significant 
nonblanket licensees in relevant 
periods, described in subpara-
graphs (A) and (B) of paragraph 
(7). 
‘‘(iii) INITIAL
ADMINISTRATIVE
AS-
SESSMENT.—The 
procedure 
for 
estab-
lishing the initial administrative assess-
ment shall be as follows: 
‘‘(I) 
The 
Copyright 
Royalty 
Judges shall commence a proceeding 
to establish the initial administrative 
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assessment within 9 months after the 
enactment date by publishing a notice 
in the Federal Register seeking peti-
tions to participate. 
‘‘(II) The mechanical licensing 
collective and digital licensee coordi-
nator shall participate in such pro-
ceeding, along with any interested 
copyright owners, digital music pro-
viders or significant nonblanket licens-
ees that have notified the Copyright 
Royalty Judges of their desire to par-
ticipate. 
‘‘(III) The Copyright Royalty 
Judges shall establish a schedule for 
submission by the parties of informa-
tion that may be relevant to estab-
lishing the administrative assessment, 
including actual and anticipated col-
lective total costs of the mechanical li-
censing collective, actual and antici-
pated collections from digital music 
providers and significant nonblanket 
licensees, and documentation of vol-
untary contributions, as well as a 
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schedule 
for 
further 
proceedings, 
which shall include a hearing, as they 
deem appropriate. 
‘‘(IV) The initial administrative 
assessment shall be determined, and 
such determination shall be published 
in the Federal Register by the Copy-
right Royalty Judges, within 1 year 
after commencement of the proceeding 
described in this clause. The deter-
mination shall be supported by a writ-
ten record. The initial administrative 
assessment shall be effective as of the 
license availability date, and shall con-
tinue in effect unless and until an ad-
justed administrative assessment is 
established pursuant to an adjustment 
proceeding under clause (iii). 
‘‘(iv) ADJUSTMENT
OF
ADMINISTRA-
TIVE
ASSESSMENT.—The administrative 
assessment may be adjusted by the Copy-
right Royalty Judges periodically, in ac-
cordance with the following procedures: 
‘‘(I) No earlier than 1 year after 
the most recent publication of a deter-
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right Royalty Judges of their desire to 
participate. 
‘‘(III) The determination of the 
adjusted administrative assessment, 
which shall be supported by a written 
record, shall be published in the Fed-
eral Register during November of the 
calendar year following the commence-
ment of the proceeding. The adjusted 
administrative assessment shall take 
effect January 1 of the year following 
such publication. 
‘‘(v) 
ADOPTION
OF
VOLUNTARY 
AGREEMENTS.—In lieu of reaching their 
own determination based on evaluation of 
relevant data, the Copyright Royalty 
Judges shall approve and adopt a nego-
tiated agreement to establish the amount 
and terms of the administrative assessment 
that has been agreed to by the mechanical 
licensing collective and the digital licensee 
coordinator (or if none has been des-
ignated, interested digital music providers 
and significant nonblanket licensees rep-
resenting more than half of the market for 
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uses of musical works in covered activi-
ties), but the Copyright Royalty Judges 
shall have the discretion to reject any such 
agreement for good cause shown. An ad-
ministrative assessment adopted under this 
clause shall apply to all digital music pro-
viders and significant nonblanket licensees 
engaged in covered activities during the pe-
riod it is in effect. 
‘‘(vi) CONTINUING
AUTHORITY
TO 
AMEND.—The Copyright Royalty Judges 
shall retain continuing authority to amend 
a determination of an administrative as-
sessment to correct technical or clerical er-
rors, or modify the terms of implementa-
tion, for good cause, with any such amend-
ment to be published in the Federal Reg-
ister. 
‘‘(vii) APPEAL
OF
ADMINISTRATIVE 
ASSESSMENT.—The determination of an 
administrative assessment by the Copy-
right Royalty Judges shall be appealable, 
within 30 calendar days after publication 
in the Federal Register, to the Court of 
Appeals for the District of Columbia Cir-
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cuit by any party that fully participated in 
the proceeding. The administrative assess-
ment as established by the Copyright Roy-
alty Judges shall remain in effect pending 
the final outcome of any such appeal, and 
the mechanical licensing collective, digital 
licensee coordinator, digital music pro-
viders, and significant nonblanket licensees 
shall implement appropriate financial or 
other measures within 3 months after any 
modification of the assessment to reflect 
and account for such outcome. 
‘‘(viii) REGULATIONS.—The Copyright 
Royalty Judges may adopt regulations to 
govern the conduct of proceedings under 
this paragraph. 
‘‘(8) ESTABLISHMENT OF RATES AND TERMS 
UNDER BLANKET LICENSE.— 
‘‘(A) 
RESTRICTIONS
ON
RATESETTING 
PARTICIPATION.—Neither the mechanical li-
censing collective nor the digital licensee coordi-
nator shall be a party to a proceeding described 
in subsection (c)(1)(E), but either may gather 
and provide financial and other information for 
the use of a party to such a proceeding and 
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comply with requests for information as re-
quired under applicable statutory and regu-
latory provisions and rulings of the Copyright 
Royalty Judges. 
‘‘(B) APPLICATION
OF
LATE
FEES.—In 
any proceeding described in subparagraph (A) 
in which the Copyright Royalty Judges estab-
lish a late fee for late payment of royalties for 
uses of musical works under this section, such 
fee shall apply to covered activities under blan-
ket licenses, as follows: 
‘‘(i) Late fees for past due royalty 
payments shall accrue from the due date 
for payment until payment is received by 
the mechanical licensing collective. 
‘‘(ii) The availability of late fees shall 
in no way prevent a copyright owner or the 
mechanical licensing collective from assert-
ing any other rights or remedies to which 
such copyright owner or the mechanical li-
censing collective may be entitled under 
this title. 
‘‘(C) INTERIM RATE AGREEMENTS IN GEN-
ERAL.—For any covered activity for which no 
rate or terms have been established by the 
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Copyright Royalty Judges, the mechanical li-
censing collective and any digital music provider 
may agree to an interim rate and terms for 
such activity under the blanket license, and any 
such rate and terms— 
‘‘(i) shall be treated as nonpreceden-
tial and not cited or relied upon in any 
ratesetting proceeding before the Copyright 
Royalty Judges or any other tribunal; and 
‘‘(ii) shall automatically expire upon 
the establishment of a rate and terms for 
such covered activity by the Copyright 
Royalty 
Judges, 
under 
subsection 
(c)(1)(E). 
‘‘(D) 
ADJUSTMENTS
FOR
INTERIM 
RATES.—The rate and terms established by the 
Copyright Royalty Judges for a covered activity 
to which an interim rate and terms have been 
agreed under subparagraph (C) shall supersede 
the interim rate and terms and apply retro-
actively to the inception of the activity under 
the blanket license. In such case, within 3 
months after the rate and terms established by 
the Copyright Royalty Judges become effec-
tive— 
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‘‘(i) if the rate established by the 
Copyright Royalty Judges exceeds the in-
terim rate, the digital music provider shall 
pay to the mechanical licensing collective 
the amount of any underpayment of royal-
ties due; or 
‘‘(ii) if the interim rate exceeds the 
rate established by the Copyright Royalty 
Judges, the mechanical licensing collective 
shall credit the account of the digital music 
provider for the amount of any overpay-
ment of royalties due. 
‘‘(9) TRANSITION TO BLANKET LICENSES.— 
‘‘(A) SUBSTITUTION
OF
BLANKET
LI-
CENSE.—On the license availability date, a 
blanket license shall, without any interruption 
in license authority enjoyed by such digital 
music provider, be automatically substituted for 
and supersede any existing compulsory license 
previously obtained under this section by the 
digital music provider from a copyright owner 
to engage in one or more covered activities with 
respect to a musical work, but the foregoing 
shall not apply to any authority obtained from 
a record company pursuant to a compulsory li-
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cense to make and distribute permanent 
downloads unless and until such record com-
pany terminates such authority in writing to 
take effect at the end of a monthly reporting 
period, with a copy to the mechanical licensing 
collective. 
‘‘(B) 
EXPIRATION
OF
EXISTING
LI-
CENSES.—Except to the extent provided in sub-
paragraph (A), on and after the license avail-
ability date, licenses other than individual 
download licenses obtained under this section 
for covered activities prior to the license avail-
ability date shall no longer continue in effect. 
‘‘(C) TREATMENT
OF
VOLUNTARY
LI-
CENSES.—A voluntary license for a covered ac-
tivity in effect on the license availability date 
will remain in effect unless and until the vol-
untary license expires according to the terms of 
the voluntary license, or the parties agree to 
amend or terminate the voluntary license. In a 
case where a voluntary license for a covered ac-
tivity entered into before the license availability 
date incorporates the terms of this section by 
reference, the terms so incorporated (but not 
the rates) shall be those in effect immediately 
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prior to the license availability date, and those 
terms shall continue to apply unless and until 
such voluntary license is terminated or amend-
ed, or the parties enter into a new voluntary li-
cense. 
‘‘(D) FURTHER ACCEPTANCE OF NOTICES 
FOR COVERED ACTIVITIES BY COPYRIGHT OF-
FICE.—On and after the enactment date— 
‘‘(i) the Copyright Office shall no 
longer accept notices of intention with re-
spect to covered activities; and 
‘‘(ii) previously filed notices of inten-
tion will no longer be effective or provide 
license authority with respect to covered 
activities, but before the license availability 
date there shall be no liability under sec-
tion 501 for the reproduction or distribu-
tion of a musical work (or share thereof) 
in covered activities if a valid notice of in-
tention was filed for such work (or share) 
before the enactment date. 
‘‘(10) PRIOR UNLICENSED USES.— 
‘‘(A) LIMITATION ON LIABILITY IN GEN-
ERAL.—A copyright owner that commences an 
action under section 501 on or after January 1, 
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2018, against a digital music provider for the 
infringement of the exclusive rights provided by 
paragraph (1) or (3) of section 106 arising 
from the unauthorized reproduction or distribu-
tion of a musical work by such digital music 
provider in the course of engaging in covered 
activities prior to the license availability date, 
shall, as the copyright owner’s sole and exclu-
sive remedy against the digital music provider, 
be eligible to recover the royalty prescribed 
under subsection (c)(1)(C) and chapter 8 of 
this title, from the digital music provider, pro-
vided that such digital music provider can dem-
onstrate compliance with the requirements of 
subparagraph (B), as applicable. In all other 
cases the limitation on liability under this sub-
paragraph shall not apply. 
‘‘(B) REQUIREMENTS FOR LIMITATION ON 
LIABILITY.—The following requirements shall 
apply on the enactment date and through the 
end of the period that expires 90 days after the 
license availability date to digital music pro-
viders seeking to avail themselves of the limita-
tion on liability described in subparagraph (A): 
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‘‘(i) No later than 30 calendar days 
after first making a particular sound re-
cording of a musical work available 
through its service via one or more covered 
activities, or 30 calendar days after the en-
actment date, whichever occurs later, a 
digital music provider shall engage in 
good-faith, commercially reasonable efforts 
to identify and locate each copyright owner 
of such musical work (or share thereof). 
Such required matching efforts shall in-
clude the following: 
‘‘(I) 
Good-faith, 
commercially 
reasonable efforts to obtain from the 
owner of the corresponding sound re-
cording made available through the 
digital music provider’s service the fol-
lowing information: 
‘‘(aa) 
Sound 
recording 
name, featured artist, sound re-
cording copyright owner, pro-
ducer, international standard re-
cording code, and other informa-
tion commonly used in the indus-
try to identify sound recordings 
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and match them to the musical 
works they embody. 
‘‘(bb) Any available musical 
work ownership information, in-
cluding each songwriter and pub-
lisher name, percentage owner-
ship share, and international 
standard musical work code. 
‘‘(II) Employment of one or more 
bulk electronic matching processes 
that are available to the digital music 
provider through a third-party vendor 
on commercially reasonable terms, but 
a digital music provider may rely on 
its own bulk electronic matching proc-
ess if it has capabilities comparable to 
or better than those available from a 
third-party vendor on commercially 
reasonable terms. 
‘‘(ii) The required matching efforts 
shall be repeated by the digital music pro-
vider no less than once per month for so 
long as the copyright owner remains un-
identified or has not been located. 
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‘‘(iii) If the required matching efforts 
are successful in identifying and locating a 
copyright owner of a musical work (or 
share thereof) by the end of the calendar 
month in which the digital music provider 
first makes use of the work, the digital 
music provider shall provide statements of 
account and pay royalties to such copy-
right owner in accordance with this section 
and applicable regulations. 
‘‘(iv) If the copyright owner is not 
identified or located by the end of the cal-
endar month in which the digital music 
provider first makes use of the work, the 
digital music provider shall accrue and 
hold royalties calculated under the applica-
ble statutory rate in accordance with usage 
of the work, from initial use of the work 
until the accrued royalties can be paid to 
the copyright owner or are required to be 
transferred to the mechanical licensing col-
lective, as follows: 
‘‘(I) Accrued royalties shall be 
maintained by the digital music pro-
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vider in accordance with generally ac-
cepted accounting principles. 
‘‘(II) If a copyright owner of an 
unmatched musical work (or share 
thereof) is identified and located by or 
to the digital music provider before 
the license availability date, the digital 
music provider shall— 
‘‘(aa) within 45 calendar 
days after the end of the cal-
endar month during which the 
copyright owner was identified 
and located, pay the copyright 
owner all accrued royalties, such 
payment to be accompanied by a 
cumulative statement of account 
that includes all of the informa-
tion that would have been pro-
vided to the copyright owner had 
the digital music provider been 
providing monthly statements of 
account to the copyright owner 
from initial use of the work in 
accordance with this section and 
applicable regulations, including 
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the requisite certification under 
subsection (c)(2)(I); 
‘‘(bb) beginning with the ac-
counting period following the cal-
endar month in which the copy-
right owner was identified and lo-
cated, and for all other account-
ing periods prior to the license 
availability date, provide monthly 
statements of account and pay 
royalties to the copyright owner 
as required under this section 
and applicable regulations; and 
‘‘(cc) beginning with the 
monthly royalty reporting period 
commencing on the license avail-
ability date, report usage and pay 
royalties for such musical work 
(or share thereof) for such re-
porting period and reporting pe-
riods thereafter to the mechanical 
licensing collective, as required 
under this subsection and appli-
cable regulations. 
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‘‘(III) If a copyright owner of an 
unmatched musical work (or share 
thereof) is not identified and located 
by the license availability date, the 
digital music provider shall— 
‘‘(aa) within 45 calendar 
days after the license availability 
date, transfer all accrued royal-
ties to the mechanical licensing 
collective, such payment to be ac-
companied by a cumulative state-
ment of account that includes all 
of the information that would 
have been provided to the copy-
right owner had the digital music 
provider been serving monthly 
statements of account on the 
copyright owner from initial use 
of the work in accordance with 
this section and applicable regu-
lations, including the requisite 
certification 
under 
subsection 
(c)(2)(I), and accompanied by an 
additional certification by a duly 
authorized officer of the digital 
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music provider that the digital 
music provider has fulfilled the 
requirements of clauses (i) and 
(ii) of subparagraph (B) but has 
not been successful in locating or 
identifying the copyright owner; 
and 
‘‘(bb) beginning with the 
monthly royalty reporting period 
commencing on the license avail-
ability date, report usage and pay 
royalties for such musical work 
(or share thereof) for such period 
and reporting periods thereafter 
to the mechanical licensing collec-
tive, as required under this sub-
section and applicable regula-
tions. 
‘‘(v) SUSPENSION OF LATE FEES.—A 
digital music provider that complies with 
the requirements of this paragraph with 
respect to unmatched musical works (or 
shares of works) shall not be liable for or 
accrue late fees for late payments of royal-
ties for such works until such time as the 
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digital music provider is required to begin 
paying monthly royalties to the copyright 
owner or the mechanical licensing collec-
tive, as applicable. 
‘‘(C) ADJUSTED
STATUTE
OF
LIMITA-
TIONS.—Notwithstanding anything to the con-
trary in section 507(b), with respect to any 
claim of infringement of the exclusive rights 
provided by paragraphs (1) and (3) of section 
106 against a digital music provider arising 
from the unauthorized reproduction or distribu-
tion of a musical work by such digital music 
provider to engage in covered activities that ac-
crued no more than 3 years prior to the license 
availability date, such action may be com-
menced within 3 years of the date the claim ac-
crued, or up to 2 years after the license avail-
ability date, whichever is later. 
‘‘(D) OTHER RIGHTS AND REMEDIES PRE-
SERVED.—Except as expressly provided in this 
paragraph, nothing in this paragraph shall be 
construed to alter, limit, or negate any right or 
remedy of a copyright owner with respect to un-
authorized use of a musical work. 
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‘‘(11) LEGAL PROTECTIONS FOR LICENSING AC-
TIVITIES.— 
‘‘(A) EXEMPTION
FOR
COMPULSORY
LI-
CENSE
ACTIVITIES.—The antitrust exemption 
described in subsection (c)(1)(D) shall apply to 
negotiations and agreements between and 
among copyright owners and persons entitled to 
obtain a compulsory license for covered activi-
ties, and common agents acting on behalf of 
such copyright owners or persons, including 
with respect to the administrative assessment 
established under this subsection. 
‘‘(B) LIMITATION ON COMMON AGENT EX-
EMPTION.—Notwithstanding the antitrust ex-
emption provided in subsection (c)(1)(D) and 
subparagraph (A) (except for the administrative 
assessment referenced therein and except as 
provided in paragraph (8)(C)), neither the me-
chanical licensing collective nor the digital li-
censee coordinator shall serve as a common 
agent with respect to the establishment of roy-
alty rates or terms under this section. 
‘‘(C) ANTITRUST EXEMPTION FOR ADMIN-
ISTRATIVE
ACTIVITIES.—Notwithstanding any 
provision of the antitrust laws, copyright own-
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‘‘(D) LIABILITY FOR GOOD-FAITH ACTIVI-
TIES.—The mechanical licensing collective shall 
not be liable to any person or entity based on 
a claim arising from its good-faith administra-
tion of policies and procedures adopted and im-
plemented to carry out the responsibilities de-
scribed in subparagraphs (J) and (K) of para-
graph (3), except to the extent of correcting an 
underpayment or overpayment of royalties as 
provided in paragraph (3)(L)(i)(VI), but the 
collective may participate in a legal proceeding 
as a stakeholder party if the collective is hold-
ing funds that are the subject of a dispute be-
tween copyright owners. For purposes of this 
subparagraph, 
‘good-faith 
administration’ 
means administration in a manner that is not 
grossly negligent. 
‘‘(E) PREEMPTION
OF
STATE
PROPERTY 
LAWS.—The holding and distribution of funds 
by the mechanical licensing collective in accord-
ance with this subsection shall supersede and 
preempt any State law (including common law) 
concerning escheatment or abandoned property, 
or any analogous provision, that might other-
wise apply. 
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‘‘(F) RULE OF CONSTRUCTION.—Except as 
expressly provided in this subsection, nothing in 
this subsection shall negate or limit the ability 
of any person to pursue an action in Federal 
court against the mechanical licensing collective 
or any other person based upon a claim arising 
under this title or other applicable law. 
‘‘(12) REGULATIONS.— 
‘‘(A) ADOPTION
BY
REGISTER
OF
COPY-
RIGHTS AND COPYRIGHT ROYALTY JUDGES.— 
The Register of Copyrights may conduct such 
proceedings and adopt such regulations as may 
be necessary or appropriate to effectuate the 
provisions of this subsection, except for regula-
tions concerning proceedings before the Copy-
right Royalty Judges to establish the adminis-
trative assessment, which shall be adopted by 
the Copyright Royalty Judges. 
‘‘(B) JUDICIAL
REVIEW
OF
REGULA-
TIONS.—Except as provided in paragraph 
(7)(D)(vii), regulations adopted under this sub-
section shall be subject to judicial review pursu-
ant to chapter 7 of title 5. 
‘‘(C) PROTECTION OF CONFIDENTIAL IN-
FORMATION.—The Register of Copyrights shall 
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adopt regulations to provide for the appropriate 
procedures to ensure that confidential, private, 
proprietary, or privileged information contained 
in the records of the mechanical licensing collec-
tive and digital licensee coordinator is not im-
properly disclosed or used, including through 
any disclosure or use by the board of directors 
or personnel of either entity, and specifically in-
cluding the unclaimed royalties oversight com-
mittee and the dispute resolution committee of 
the mechanical licensing collective. 
‘‘(13) SAVINGS CLAUSES.— 
‘‘(A) LIMITATION
ON
ACTIVITIES
AND 
RIGHTS
COVERED.—This subsection applies 
solely to uses of musical works subject to licens-
ing under this section. The blanket license shall 
not be construed to extend or apply to activities 
other than covered activities or to rights other 
than the exclusive rights of reproduction and 
distribution licensed under this section, or serve 
or act as the basis to extend or expand the 
compulsory license under this section to activi-
ties and rights not covered by this section on 
the enactment date. 
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‘‘(B) RIGHTS
OF
PUBLIC
PERFORMANCE 
NOT AFFECTED.—The rights, protections, and 
immunities granted under this subsection, the 
data concerning musical works collected and 
made available under this subsection, and the 
definitions described in subsection (e) shall not 
extend to, limit, or otherwise affect any right of 
public performance in a musical work.’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(e) DEFINITIONS.—As used in this section: 
‘‘(1) ACCRUED INTEREST.—The term ‘accrued 
interest’ means interest accrued on accrued royal-
ties, as described in subsection (d)(3)(H)(ii). 
‘‘(2) ACCRUED ROYALTIES.—The term ‘accrued 
royalties’ means royalties accrued for the reproduc-
tion or distribution of a musical work (or share 
thereof) in a covered activity, calculated in accord-
ance with the applicable royalty rate under this sec-
tion. 
‘‘(3) ADMINISTRATIVE ASSESSMENT.—The term 
‘administrative assessment’ means the fee estab-
lished pursuant to subsection (d)(7)(D). 
‘‘(4) AUDIT.—The term ‘audit’ means a royalty 
compliance examination to verify the accuracy of 
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royalty payments, or the conduct of such an exam-
ination, as applicable. 
‘‘(5) BLANKET LICENSE.—The term ‘blanket li-
cense’ means a compulsory license described in sub-
section (d)(1)(A) to engage in covered activities. 
‘‘(6) COLLECTIVE
TOTAL
COSTS.—The term 
‘collective total costs’— 
‘‘(A) means the total costs of establishing, 
maintaining, and operating the mechanical li-
censing collective to fulfill its statutory func-
tions, including— 
‘‘(i) startup costs; 
‘‘(ii) financing, legal, and insurance 
costs; 
‘‘(iii) investments in information tech-
nology, infrastructure, and other long-term 
resources; 
‘‘(iv) outside vendor costs; 
‘‘(v) costs of licensing, royalty admin-
istration, and enforcement of rights; 
‘‘(vi) costs of bad debt; and 
‘‘(vii) costs of automated and manual 
efforts to identify and locate copyright 
owners of musical works (and shares of 
such musical works) and match sound re-
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