107TH CONGRESS
2D SESSION
H. R. 5469
AN ACT
To amend title 17, United States Code, with re-
spect to the statutory license for webcasting, and
for other purposes.
107TH CONGRESS
2D SESSION
H. R. 5469
AN ACT
To amend title 17, United States Code, with respect to
the statutory license for webcasting, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Small Webcaster
Amendments Act of 2002’’.
SEC. 2. EPHEMERAL ROYALTY RATES FOR ELIGIBLE SMALL
WEBCASTERS.
Section 112(e) of title 17, United States Code, is
amended—
(1) in paragraph (4), by inserting immediately
before the period at the end of the first sentence the
following: ‘‘, except that the royalty payable under
this section for any reproduction of a phonorecord
made during the period beginning on October 28,
1998, and ending on December 31, 2004, and used
solely by an eligible small webcaster to facilitate
transmissions for which it pays royalties as and
when provided in section 114(f)(2)(D) shall be
deemed to be included within such royalty pay-
ments’’; and
(2) in paragraph (6), by adding at the end the
following: ‘‘Notwithstanding the preceding provisions
of this paragraph, the royalty payable under this
section for any reproduction of a phonorecord made
during the period beginning on October 28, 1998,
and ending on December 31, 2004, and used solely
by an eligible small webcaster to facilitate trans-
missions for which it pays royalties as and when
provided in section 114(f)(2)(D) shall be deemed to
be included within such royalty payments.’’
SEC. 3. ROYALTY RATES AND NOTICE AND RECORD-
KEEPING 
FOR 
ELIGIBLE 
SMALL
WEBCASTERS.
(a) PROVISION
FOR
CERTAIN
RATES.—Section
114(f)(2) of title 17, United States Code, is amended—
(1) in subparagraph (B), by inserting imme-
diately before the period at the end of the first sen-
tence the following: ‘‘, except that the royalty rates
for certain public performances of sound recordings
shall be as provided in subparagraph (D)’’; and
(2) in subparagraph (C), by adding after clause
(iii) the following:
‘‘(iv) Notwithstanding the preceding provisions
of this subparagraph, the royalty rates and terms
for certain public performances of sound recordings
by certain entities shall be as provided in subpara-
graph (D).’’.
(b) RATES FOR ELIGIBLE SMALL WEBCASTERS.—
Section 114(f)(2) of title 17, United States Code, is
amended by adding after subparagraph (C) the following:
‘‘(D)(i) Subject to clause (iii) and paragraph
(3), but notwithstanding any other provision of this
paragraph, an eligible small webcaster may, as pro-
vided in clause (ii)(VII), for the period beginning on
October 28, 1998, and ending on December 31,
2002, or one or both of calendar years 2003 and
2004, elect the royalty rates specified in this clause
in lieu of any other applicable royalty rates:
‘‘(I) For eligible nonsubscription trans-
missions made by an eligible small webcaster
during the period beginning on October 28,
1998, and ending on December 31, 2002, the
royalty rate shall be 8 percent of the
webcaster’s gross revenues during such period,
or 5 percent of the webcaster’s expenses during
such period, whichever is greater, except that
an eligible small webcaster that is a natural
person shall exclude from expenses those ex-
penses not incurred in connection with the oper-
ation of a service that makes eligible non-
subscription transmissions, and an eligible small
webcaster that is a natural person shall exclude
from gross revenues his or her income during
such period, other than income derived from—
‘‘(aa) a media or entertainment re-
lated business that provides audio or other
entertainment programming, or
‘‘(bb) a business that primarily oper-
ates an Internet or wireless service,
that is in either case directly or indirectly con-
trolled by such natural person, or of which such
natural person beneficially owns 5 percent or
more of the outstanding voting or non-voting
stock.
‘‘(II) For eligible nonsubscription trans-
missions made by an eligible small webcaster
during 2003 or 2004, the royalty rate shall be
10 percent of the eligible small webcaster’s first
$250,000 in gross revenues and 12 percent of
any gross revenues in excess of $250,000 dur-
ing the applicable year, or 7 percent of the
webcaster’s expenses during the applicable year,
whichever is greater.
‘‘(ii) Notwithstanding paragraph (4)(C), pay-
ment of the amounts specified in clause (i) shall be
made as follows:
‘‘(I) Except as provided in clause (iii)(I)
and (IV), the amounts specified in clause (i)(I)
for eligible nonsubscription transmissions made
by an eligible small webcaster during the period
beginning on October 28, 1998, and ending on
September 30, 2002, shall be paid in three
equal installments, with the first due by No-
vember 30, 2002, the second due by May 31,
2003, and the third due by October 31, 2003.
‘‘(II) The amounts specified in clause (i)
for eligible nonsubscription transmissions made
by an eligible small webcaster during October
2002 or any month thereafter shall be paid on
or before the twentieth day of the month next
succeeding such month.
‘‘(III) If the gross revenues, plus the third
party participation revenues and revenues from
the operation of new subscription services, of a
transmitting entity and its affiliates have not
exceeded $1,250,000 in any year, and the
transmitting entity expects to be an eligible
small webcaster in 2003 or 2004, the transmit-
ting entity may make payments for 2003 or
2004, as the case may be, on the assumption
that it will be an eligible small webcaster for
that year for so long as that assumption is rea-
sonable.
‘‘(IV) In making payments under clause
(i)(II), the webcaster shall, at the time a pay-
ment is due, calculate its gross revenues and
expenses for the year through the end of the
applicable month, and for the applicable month
pay the applicable percentage of gross revenues
or expenses, as the case may be, for the year
through the end of the applicable month, less
any amounts previously paid for such year.
‘‘(V) If a transmitting entity has made
payments under clause (i)(II) for 2003 or 2004
based on the assumption that it will qualify as
an eligible small webcaster, as provided in sub-
clause (IV), but the actual gross revenues in
2003, or the actual gross revenues, third party
participation revenues, and revenues from the
operation of new subscription services in 2004,
of the eligible small webcaster and its affiliates,
exceed the maximum amounts provided in
clause (vi)(II), then the transmitting entity
shall immediately commence to pay monthly
royalties based on the royalty rates otherwise
applicable under this subsection, and on the
third payment date after the month in which
such maximum amounts are exceeded, it shall
pay an amount of royalties based on such other-
wise applicable rates for the whole year through
the end of the immediately preceding month,
less any amounts previously paid under clause
(i) for such year.
‘‘(VI) Payments of all amounts specified in
clause (i) shall be made to the entity designated
by the Copyright Office to receive royalty pay-
ments under this section and shall under no cir-
cumstances be refundable, but if an eligible
small webcaster makes overpayments during a
year, it shall be entitled to a credit in the
amount of its overpayment, and such credit
shall be applicable to its payments in subse-
quent years.
‘‘(VII) An eligible small webcaster that
wishes to elect the royalty rates specified in
clause (i) in lieu of any other royalty rates that
otherwise might apply under this subsection for
the period beginning on October 28, 1998, and
ending on December 31, 2002, or one or both
of calendar years 2003 and 2004, shall file an
election with the Copyright Office and serve it
on each entity designated by the Copyright Of-
fice to distribute royalty payments under this
section to copyright owners and performers en-
titled to receive royalties under subsection
(d)(2) by no later than the first date on which
clause (i) shall pay a minimum fee for the periods
specified in this clause, as follows:
‘‘(I) For eligible nonsubscription trans-
missions made by an eligible small webcaster
during the period beginning on October 28,
1998, and ending on December 31, 1998, the
minimum fee for the year shall be $500.
‘‘(II) For eligible nonsubscription trans-
missions made by an eligible small webcaster in
any part of calendar years 1999 through 2002,
the minimum fee for each year in which such
transmissions are made shall be $2,000.
‘‘(III) For eligible nonsubscription trans-
missions made by an eligible small webcaster in
any part of calendar years 2003 and 2004, the
minimum fee for each year in which such trans-
missions are made shall be $2,000 if the eligible
small webcaster had gross revenues during the
immediately preceding year of not more than
$50,000 and expects to have gross revenues
during the applicable year of not more than
$50,000.
‘‘(IV) For eligible nonsubscription trans-
missions made by an eligible small webcaster in
any part of calendar years 2003 and 2004, the
minimum fee for each year in which such trans-
missions are made shall be $5,000 if the eligible
small webcaster had gross revenues during the
immediately preceding year of more than
$50,000 or expects to have gross revenues dur-
ing the applicable year of more than $50,000.
‘‘(V) The minimum fees specified in sub-
clauses (I) and (II) shall be paid within 30 days
after the date of the enactment of the Small
Webcaster Amendments Act of 2002, except in
the case of an eligible small webcaster with
gross revenues during the period beginning on
October 28, 1998, and ending on December 31,
2002, of not more than $100,000, which may
pay such minimum fees in three equal install-
ments at the times specified in clause (ii)(I).
The minimum fees specified in subclauses (III)
and (IV) shall be paid in two equal install-
ments, with the first due by January 31 of the
applicable year and the second due by June 30
of the applicable year.
‘‘(VI) Payments of all amounts specified in
this clause shall be made to the entity des-
ignated by the Copyright Office to receive roy-
alty payments under this section and shall
under no circumstances be refundable.
‘‘(VII) All amounts paid under this clause
shall be fully creditable toward amounts due
under clauses (i) and (ii) for the same year.
‘‘(iv) Subject to paragraph (3), but notwith-
standing any other provision of this paragraph, a
noncommercial, non-FCC webcaster may, for the pe-
riod beginning on October 28, 1998, and ending on
December 31, 2002, or one or both of calendar years
2003 and 2004, elect the royalty rates specified in
this clause in lieu of any other royalty rates that
otherwise might apply under this section. The roy-
alty rate shall be .02 cents per performance. For the
purpose of this clause, the term ‘performance’ has
the meaning given that term in section 261.2 of title
37, Code of Federal Regulations, as published in the
Federal Register on July 8, 2002. Such royalties
shall be payable at the times specified in clause
(ii)(I) 
and 
(II). 
Noncommercial, 
non-FCC
webcasters shall pay a minimum fee, for any part of
calendar years 1998 through 2004, of $500 for each
year in which such performances are made. Such
minimum fee shall be fully creditable toward royal-
ties due for the same year. For performances made
during the period beginning on October 28, 1998,
and ending on December 31, 2002, such minimum
fee shall be paid within 30 days after the date of the
enactment of the Small Webcaster Amendments Act
of 2002. The minimum fee for a subsequent year
shall be paid by January 31 of that year. All pay-
ments specified in this clause shall be made to the
entity designated by the Copyright Office to receive
royalty payments under this section and shall under
no circumstances be refundable.
‘‘(v) Any otherwise applicable terms determined
in accordance with this paragraph and applicable to
payments under this paragraph shall apply to pay-
ments under this subparagraph except to the extent
inconsistent with this subparagraph.
‘‘(vi) The rates and terms set forth in this sub-
paragraph shall not constitute evidence of rates and
terms that would have been negotiated in the mar-
ketplace between a willing buyer and a willing seller
or that meet the objectives set forth in section
801(b)(1).
‘‘(E) As used in subparagraph (D), the fol-
lowing terms have the following meanings:
‘‘(i) An ‘affiliate’ of a transmitting entity
is a person or entity that directly, or indirectly
through one or more intermediaries —
‘‘(I) has securities or other ownership
interests representing more than 50 per-
cent of such person’s or entity’s voting in-
terests beneficially owned by—
‘‘(aa) such transmitting entity; or
‘‘(bb) a person or entity bene-
ficially owning securities or other own-
ership interests representing more
than 50 percent of the voting interests
of the transmitting entity;
‘‘(II) beneficially owns securities or
other ownership interests representing
more than 50 percent of the voting inter-
ests of the transmitting entity; or
‘‘(III) otherwise controls, is controlled
by, or is under common control with the
transmitting entity.
‘‘(ii) A ‘beneficial owner’ of a security or
other ownership interest is any person or entity
who, directly or indirectly, through any con-
tract, arrangement, understanding, relationship,
or otherwise, has or shares voting power with
respect to such security or other ownership in-
terest.
‘‘(iii) The term ‘control’ means the posses-
sion, direct or indirect, of the power to direct
or cause the direction of the management and
policies of a person or entity, whether through
the ownership of voting securities, by contract
or otherwise.
‘‘(iv)(I) Subject to subclause (II), an ‘eligi-
ble small webcaster’ is a webcaster (as defined
in section 261.2 of title 37, Code of Federal
Regulations, as published in the Federal Reg-
ister on July 8, 2002) that—
‘‘(aa) for the period beginning on Oc-
tober 28, 1998, and ending on December
31, 2002, has gross revenues during the
period beginning on November 1, 1998,
and ending on June 30, 2002, of not more
than $1,000,000;
‘‘(bb) for 2003, together with its af-
filiates, has gross revenues during 2003 of
not more than $500,000; and
‘‘(cc) for 2004, together with its affili-
ates, has gross revenues, third party par-
ticipation revenues, and revenues from the
operation of new subscription services dur-
ing 2004 of not more than $1,250,000.
‘‘(II) In determining qualification under
subclauses (I)(bb) and (cc), a transmitting enti-
ty shall exclude—
‘‘(aa) income of an affiliate that is a
natural person, other than income such
natural person derives from another affil-
iate of such natural person that is either a
media or entertainment related business
that provides audio or other entertainment
programming, or a business that primarily
operates an Internet or wireless service;
and
‘‘(bb) gross revenues of any affiliate
that is not engaged in a media or enter-
tainment related business that provides
audio or other entertainment program-
ming, and is not engaged in a business
that primarily operates an Internet or
wireless service, if the only reason such af-
filiate is affiliated with the transmitting
entity is that it is under common control
of the same natural person or both are
beneficially owned by the same natural
person.
‘‘(v) The term ‘expenses’—
‘‘(I) means all costs incurred (whether
actually paid or not) by an eligible small
webcaster, except that capital costs shall
be treated as expenses allocable to a period
only to the extent of charges for amortiza-
tion or depreciation of such costs during
such period as are properly allocated to
such period in accordance with United
States generally accepted accounting prin-
ciples (GAAP);
‘‘(II) includes the fair market value of
all goods, services, or other non-cash con-
sideration (including real, personal, tan-
gible, and intangible property) provided by
an eligible small webcaster to any third
party in lieu of a cash payment and the
fair market value of any goods or services
purchased for or provided to an eligible
small webcaster by an affiliate of such
webcaster; and
‘‘(III) shall not include—
‘‘(aa) the imputed value of per-
sonal services rendered by up to 5
natural persons who are, directly or
indirectly, owners of the eligible small
webcaster, and for which no com-
pensation has been paid;
‘‘(bb) the imputed value of occu-
pancy of residential property for
which no Federal income tax deduc-
tion is claimed as a business expense;
or
‘‘(cc) 
costs 
of 
purchasing
phonorecords of sound recordings
used in the eligible small webcaster’s
service.
‘‘(vi) The term ‘gross revenues’—
‘‘(I) means all revenue of any kind
earned by a person or entity, less —
‘‘(aa) revenue from sales of
phonorecords and digital phonorecord
deliveries of sound recordings;
‘‘(bb) the person or entity’s ac-
tual cost of other products and serv-
ices actually sold through a service
that makes eligible nonsubscription
transmissions, and related sales and
use taxes imposed on such trans-
actions, costs of shipping such prod-
ucts, allowance for bad debts, and
credit card and similar fees paid to
unrelated third parties;
‘‘(cc) revenue from the operation
of a new subscription service for
which royalties are paid in accordance
with provisions of this section other
than this subparagraph; and
‘‘(dd) revenue from the sale of
assets in connection with the sale of
all or substantially all of the assets of
such person’s or entity’s business, or
from the sale of capital assets; and
‘‘(II) includes—
‘‘(aa) all cash or cash equiva-
lents;
‘‘(bb) the fair market value of
goods, services, or other non-cash con-
sideration (including real, personal,
tangible, and intangible property); and
‘‘(cc) amounts earned by such
person or entity but paid to an affil-
iate of such person or entity in lieu of
payment to such person or entity.
Gross revenues shall be calculated in ac-
cordance with United States generally ac-
cepted accounting principles (GAAP), ex-
cept that a transmitting entity that com-
putes Federal taxable income on the basis
of the cash receipts and disbursements
method of accounting for any taxable year
may compute its gross receipts for any pe-
riod included in such taxable year on the
same basis.
‘‘(vii) 
A 
‘noncommercial, 
non-FCC
webcaster’ is a webcaster as defined in section
261.2 of title 37, Code of Federal Regulations,
as published in the Federal Register on July 8,
2002, that is exempt from taxation under sec-
tion 501 of the Internal Revenue Code of 1986
(26 U.S.C. 501).
‘‘(viii) The ‘third party participation reve-
nues’ of a transmitting entity are revenues of
any kind earned by a person or entity, other
than the transmitting entity, including those
identified in divisions (aa), (bb), and (cc) of
clause (vi)(II)—
‘‘(I) that relate to the public perform-
ance of sound recordings and are subject
to an economic arrangement in which the
transmitting entity receives anything of
value; or
‘‘(II) that are earned by such person
or entity from the sale of advertising of
any kind in connection with the transmit-
ting entity’s eligible nonsubscription trans-
missions.’’.
(c) 
NOTICE
AND
RECORDKEEPING.—Section
114(f)(4)(A) of title 17, United States Code, is
amended—
(1) by striking ‘‘(A) The’’ and inserting ‘‘(A)(i)
Subject to clauses (ii) and (iii), the’’; and
(2) by adding at the end the following:
‘‘(ii) For either or both of calendar years 2003
and 2004, an eligible small webcaster that makes an
election pursuant to paragraph (2)(D)(ii)(VII) for
any year shall, for that year, keep records, and make
available to copyright owners of sound recordings re-
ports of use, covering the following on a channel by
channel basis:
‘‘(I) The featured recording artist, group
or orchestra.
‘‘(II) The sound recording title.
‘‘(III) The title of the retail album or other
product (or, in the case of compilation albums
created for commercial purposes, the name of
the retail album identified by the eligible small
webcaster for purchase of the sound recording).
‘‘(IV) The marketing label of the commer-
cially available album or other product on which
the sound recording is found—
‘‘(aa) for all albums or other products
commercially released after 2002; and
‘‘(bb) in the case of albums or other
products 
commercially 
released 
before
2003, for 67 percent of the eligible small
webcaster’s digital audio transmissions of
such pre-2003 releases during 2003 and all
of the eligible small webcaster’s digital
audio transmissions during 2004.
‘‘(V) The International Standard Record-
ing Code (ISRC) embedded in the sound re-
cording, if available—
‘‘(aa) for all albums or other products
commercially released after 2002; and
‘‘(bb) in the case of albums or other
products 
commercially 
released 
before
2003, for 50 percent of the eligible small
webcaster’s digital audio transmissions of
such pre-2003 releases during 2003, and
for 75 percent of the eligible small
webcaster’s digital audio transmissions of
such pre-2003 releases during 2004, to the
extent that such information concerning
such pre-2003 releases can be provided
using commercially reasonable efforts.
‘‘(VI) The copyright owner information
provided in the copyright notice on the retail
album or other product (e.g., following the sym-
bol (P) (the letter P in a circle) or, in the case
of compilation albums created for commercial
purposes, in the copyright notice for the indi-
vidual track)—
‘‘(aa) for all albums or other products
commercially released after 2002; and
‘‘(bb) in the case of albums or other
products 
commercially 
released 
before
2003, for 50 percent of an eligible small
webcaster’s digital audio transmissions of
such pre-2003 releases during 2003, and
for 75 percent of an eligible small
webcaster’s digital audio transmissions of
such pre-2003 releases during 2004, to the
extent that such information concerning
such pre-2003 releases can be provided
using commercially reasonable efforts.
‘‘(VII) The aggregate tuning hours, on a
monthly basis, for each channel provided by the
eligible small webcaster as computed by a rec-
ognized industry ratings service or as computed
by the eligible small webcaster from its server
logs. For the purpose of this subclause, the
term ‘aggregate tuning hours’ has the meaning
given that term in section 261.2 of title 37,
Code of Federal Regulations, as published in
the Federal Register on July 8, 2002.
‘‘(VIII) The channel for each transmission
of each sound recording.
‘‘(IX) The start date and time of each
transmission of each sound recording.
‘‘(iii) Reports of use described in clause (ii)
shall be provided, at the same time royalty payments
are due under paragraph (2)(D)(ii)(II), to the entity
designated by the Copyright Office to distribute roy-
alty payments under this section.
‘‘(iv) For calendar years 2003 and 2004, details
of the means by which copyright owners may receive
notice of the use of their sound recordings, and de-
tails of the requirements under which reports of use
concerning the matters identified in clause (ii) shall
be made available, shall be as provided in regula-
tions issued by the Librarian of Congress under
clause (i).’’.
SEC. 4. DEDUCTIBILITY OF COSTS AND EXPENSES OF
AGENTS AND DIRECT PAYMENT TO ARTISTS
OF ROYALTIES FOR DIGITAL PERFORMANCES
OF SOUND RECORDINGS.
(a) FINDINGS.—The Congress finds that—
(1) in the case of royalty payments from the li-
censing of digital transmissions of sound recordings
under subsection (f) of section 114 of title 17,
United States Code, the parties have voluntarily ne-
gotiated arrangements under which payments shall
be made directly to featured recording artists and
the administrators of the accounts provided in sub-
section (g)(2) of that section;
(2) such voluntarily-negotiated payment ar-
rangements have been codified in regulations issued
by the Librarian of Congress, currently found in sec-
tion 261.4 of title 37, Code of Federal Regulations,
as published in the Federal Register on July 8,
2002;
(3) other regulations issued by the Librarian of
Congress were inconsistent with the voluntarily-ne-
gotiated arrangements by such parties concerning
the deductibility of certain costs incurred for licens-
ing and arbitration, and the Congress is therefore
restoring those terms as originally negotiated among
the parties; and
(4) in light of the special circumstances de-
scribed in this subsection, the uncertainty created by
the regulations issued by the Librarian of Congress,
and the fact that all of the interested parties have
reached agreement, the voluntarily-negotiated ar-
rangements agreed to among the parties are being
codified.
(b) DEDUCTIBILITY.—Section 114(g) of title 17,
United States Code, is amended by adding after para-
graph (2) the following:
‘‘(3) A nonprofit agent designated to distribute
receipts from the licensing of transmissions in ac-
cordance with subsection (f) may deduct from any of
its receipts, prior to the distribution of such receipts
to any person or entity entitled thereto, the reason-
able costs of such agent incurred after November 1,
1995, in—
‘‘(B) 2-1/2 percent of the receipts shall be
deposited in an escrow account managed by an
independent administrator jointly appointed by
copyright owners of sound recordings and the
American Federation of Musicians (or any suc-
cessor entity) to be distributed to nonfeatured
musicians (whether or not members of the
American Federation of Musicians) who have
performed on sound recordings.
‘‘(C) 2-1/2 percent of the receipts shall be
deposited in an escrow account managed by an
independent administrator jointly appointed by
copyright owners of sound recordings and the
American Federation of Television and Radio
Artists (or any successor entity) to be distrib-
uted to nonfeatured vocalists (whether or not
members of the American Federation of Tele-
vision and Radio Artists) who have performed
on sound recordings.
‘‘(D) 45 percent of the receipts shall be
paid, on a per sound recording basis, to the re-
cording artist or artists featured on such sound
recording (or the persons conveying rights in
the artists’ performance in the sound record-
ings).’’.
SEC. 5. REPORT TO CONGRESS.
(a) FINDINGS.—The Congress finds that—
(1) eligible small webcasters have economic ar-
rangements with third parties, as a result of which
third parties, many of them large businesses, realize
a significant portion of the revenues generated from
the use of sound recordings in the services operated
by eligible small webcasters; and
(2) as a result of these arrangements, any roy-
alty based on revenues realized by an eligible small
webcaster may result in recording artists and sound
recording copyright owners receiving a royalty based
on revenues that are a fraction of the total revenues
generated from the use of the sound recordings
under statutory license.
(b) REPORT TO CONGRESS.—By not later than June
1, 2004, the Register of Copyrights and the Comptroller
General of the United States shall prepare and submit to
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the
Senate a joint report concerning—
(1) the economic arrangements among eligible
small webcasters and third parties and their con-
sequences for the ability of recording artists and
sound recording copyright owners to be compensated
appropriately on a percentage of revenue basis; and
(2) the economic incentives that percentage of
revenue statutory rates create for structuring eco-
nomic arrangements among eligible small webcasters
and third parties that may be to the detriment of re-
cording artists and sound recording copyright own-
ers.
(c) DEFINITION.—In this section, the term ‘‘eligible
small webcaster’’ has the meaning given that term in sec-
tion 114(f)(2)(E) of title 17, United States Code, as added
by section 3 of this Act.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date of the enactment of this Act.
Passed the House of Representatives October 7,
2002.
Attest:
Clerk.