subsections (a), (c), and (d). The license under this 
subsection covers— 
‘‘(A) the making and distribution of gen-
eral and incidental digital phonorecord deliv-
eries in the form of full downloads, limited 
downloads, interactive streams, and any other 
form constituting a digital phonorecord delivery 
or hybrid offering; and 
‘‘(B) all reproduction and distribution 
rights necessary to engage in activities de-
scribed in subparagraph (A), solely for the pur-
pose of engaging in such activities under the li-
cense, including— 
‘‘(i) the making of reproductions by 
and for end users; 
‘‘(ii) reproductions made on servers 
under the authority of the licensee; and 
‘‘(iii) incidental reproductions made 
under the authority of the licensee in the 
normal course of engaging in activities de-
scribed in subparagraph (A), including 
cached, network, and RAM buffer repro-
ductions. 
‘‘(2) BLANKET LICENSES.—A person may ob-
tain a compulsory license to engage in activities sub-
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ject to this subsection only from a designated agent 
under paragraph (4) and only if the person is a dig-
ital music provider. Except as provided in paragraph 
(9)(E)(v), a person may engage in activities subject 
to this subsection under authority of a compulsory 
license only— 
‘‘(A) if the license was obtained by a dig-
ital music provider; and 
‘‘(B) with respect to end users with which 
the digital music provider meets the require-
ments of paragraph (14)(C). 
‘‘(3) EXEMPTION FOR NONINTERACTIVE SERV-
ER AND INCIDENTAL REPRODUCTIONS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 106, it shall not be an infringement of the 
exclusive right of reproduction or distribution in 
a copyrighted musical work, as described in sec-
tion 106(1) and (3), for a digital music provider 
or a transmitting entity to make server and in-
cidental reproductions to facilitate noninter-
active streaming or terrestrial radio analog 
broadcasts of that musical work, subject to the 
following: 
‘‘(i) The exemption under this sub-
paragraph is limited to reproductions on 
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servers and incidental reproductions made 
under authority of the digital music pro-
vider or transmitting entity and incident to 
noninteractive 
streaming 
or 
terrestrial 
radio 
analog 
broadcasting, 
including 
cached, network, and RAM buffer repro-
ductions, to the extent reasonably nec-
essary for, and only to the extent that such 
reporductions are used for the purpose of, 
engaging in noninteractive streaming or 
terrestrial radio analog broadcasting. 
‘‘(ii) The exemption under this sub-
paragraph does not apply to any server or 
incidental reproductions made to facilitate 
noninteractive 
streaming 
or 
terrestrial 
radio analog broadcasts by a digital music 
provider or a transmitting entity that takes 
affirmative steps to intentionally induce, 
cause, or promote the making of reproduc-
tions of musical works by or for end users 
that are accessible by those end users for 
future listening, unless valid license au-
thority for reproduction and distribution 
rights otherwise exists permitting the serv-
ice to use such server or incidental repro-
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ductions for that activity. For purposes of 
this clause, none of the following shall in 
itself be considered an affirmative step to 
intentionally induce, cause, or promote the 
making of reproductions of musical works: 
‘‘(I) 
The 
transmission 
of 
metadata to identify sound recordings. 
‘‘(II) 
The 
transmission 
of 
unencrypted streams. 
‘‘(III) A transmitting entity’s an-
nouncement of a particular song to be 
broadcast. 
‘‘(B) RETROACTIVE EFFECT.—The exemp-
tion from liability provided under subparagraph 
(A) shall apply to actions taken on or after 
January 1, 2001. 
‘‘(C) SAVINGS
CLAUSE
REGARDING
IN-
FRINGEMENT.—Neither the exemption provided 
under subparagraph (A), nor the limitations on 
such exemption set forth in subparagraph 
(A)(ii), shall be construed to imply that the 
making of server or incidental reproductions not 
covered by the exemption does or does not con-
stitute copyright infringement. In evaluating a 
claim of infringement based on the making by 
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