HR 2281 PCS
such audio or other entertainment programming,
and the primary purpose of the service is not to sell,
advertise, or promote particular products or services
other than sound recordings, live concerts, or other
music-related events.
‘‘(7) An ‘interactive service’ is one that enables
a member of the public to receive a transmission of
a program specially created for the recipient, or on
request, a transmission of a particular sound record-
ing, whether or not as part of a program, which is
selected by or on behalf of the recipient. The ability
of individuals to request that particular sound re-
cordings be performed for reception by the public at
large does not make a service interactive, if the pro-
gramming on each channel of the service does not
substantially consist of sound recordings that are
performed within 1 hour of the request or at a time
designated by either the transmitting entity or the
individual making such request. If an entity offers
both interactive and noninteractive services (either
concurrently or at different times), the noninter-
active component shall not be treated as part of an
interactive service.
‘‘(8) A ‘new subscription service’ is a service
that performs sound recordings by means of sub-
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scription digital audio transmissions and that is not
a preexisting subscription service.’’;
(E) by inserting after paragraph (9), as so
redesignated, the following:
‘‘(10) A ‘preexisting subscription service’ is a
service that performs sound recordings by means of
noninteractive audio-only subscription digital audio
transmissions, which was in existence and was mak-
ing such transmission to the public for a fee on or
before July 31, 1998.’’; and
(F) by adding at the end the following:
‘‘(14) A ‘transmission’ is either an initial trans-
mission or a retransmission.’’.
(b) EPHEMERAL RECORDINGS.—Section 112 of title
17, United States Code, is amended by adding at the end
the following:
‘‘(f) STATUTORY LICENSE.—(1) An ephemeral re-
cording of a sound recording by a transmitting organiza-
tion entitled to transmit to the public a performance of
that sound recording by means of a digital audio trans-
mission under a statutory license in accordance with sec-
tion 114(f) or an exemption provided in section
114(d)(1)(B) or (C) is subject to statutory licensing under
the conditions specified by this subsection.
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use by the public under such conditions as the Adminis-
trator may prescribe.
‘‘§ 1416. Fees
‘‘The Administrator shall by regulation set reason-
able fees for the filing of applications to register designs
under this chapter and for other services relating to the
administration of this chapter, taking into consideration
the cost of providing these services and the benefit of a
public record.
‘‘§ 1417. Regulations
‘‘The Administrator may establish regulations for the
administration of this chapter.
‘‘§ 1418. Copies of records
‘‘Upon payment of the prescribed fee, any person may
obtain a certified copy of any official record of the Office
of the Administrator that relates to this chapter. That
copy shall be admissible in evidence with the same effect
as the original.
‘‘§ 1419. Correction of errors in certificates
‘‘The Administrator may, by a certificate of correc-
tion under seal, correct any error in a registration in-
curred through the fault of the Office, or, upon payment
of the required fee, any error of a clerical or typographical
nature occurring in good faith but not through the fault
of the Office. Such registration, together with the certifi-