105 
‘‘(32) UNCLAIMED ACCRUED ROYALTIES.—The 
term ‘unclaimed accrued royalties’ means accrued 
royalties eligible for distribution under subsection 
(d)(3)(J). 
‘‘(33) UNMATCHED.—The term ‘unmatched’, as 
applied to a musical work (or share thereof), means 
that the copyright owner of such work (or share 
thereof) has not been identified or located. 
‘‘(34) VOLUNTARY
LICENSE.—The term ‘vol-
untary license’ means a license for use of a musical 
work (or share thereof) other than a compulsory li-
cense obtained under this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS TO 
SECTION 801.—Section 801(b) of title 17, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘The rates ap-
plicable under sections 114(f)(1)(B), 115, and 116 
shall be calculated to achieve the following objec-
tives’’ and inserting ‘‘The rates applicable under sec-
tions 114(f)(1)(B) and 116 shall be calculated to 
achieve the following objectives’’; 
(2) by redesignating paragraph (8) as para-
graph (9); and 
(3) by inserting after paragraph (7) the fol-
lowing new paragraph: 
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106 
‘‘(8) To determine the administrative assess-
ment to be paid by digital music providers under 
section 115(d). The provisions of section 115(d) 
shall apply to the conduct of proceedings by the 
Copyright Royalty Judges under section 115(d) and 
not the procedures set forth in this section, or sec-
tion 803, 804, or 805.’’. 
(c) EFFECTIVE DATE OF AMENDED RATE SETTING 
STANDARD.—The amendments made by subsections 
(a)(3)(D) and (b)(1) shall apply to any proceeding before 
the Copyright Royalty Judges that is pending on, or com-
menced on or after, the date of the enactment of this Act. 
(d) TECHNICAL AND CONFORMING AMENDMENTS TO 
TITLE 37, PART 385 OF THE CODE OF FEDERAL REGU-
LATIONS.—Within 9 months after the date of the enact-
ment of this Act, the Copyright Royalty Judges shall 
amend the existing regulations for section 115 in part 385 
of title 17, Code of Federal Regulations, to conform defini-
tions used in such part to the definitions of the same 
terms set forth in section 115(e) of title 17, United States 
Code, as amended by subsection (a). In so doing, the 
Copyright Royalty Judges shall make adjustments to the 
language of the regulations as necessary to achieve the 
same purpose and effect as the original regulations with 
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107 
respect to the rates and terms previously adopted by the 
Copyright Royalty Judges. 
(e) BEST PRACTICES WORKING GROUP.—Not later 
than 1 year after the date of the enactment of this Act, 
the Register of Copyrights shall establish a working group 
consisting of representatives of the mechanical licensing 
collective, the digital licensee coordinator, copyright own-
ers, digital music providers, sound recording owners, and 
performing rights societies to consider and advise on best 
practices to minimize the incidence of unidentified and un-
matched musical works and facilitate and encourage the 
exchange of ownership information and prompt access to 
such information by and among such parties. 
SEC. 3. AMENDMENT TO SECTION 114. 
(a) REPEAL.—Subsection (i) of section 114 of title 
17, United States Code, is repealed. 
(b) PROCEEDINGS NOT AFFECTED.—The repeal of 
section 114(i) of title 17, United States Code, by sub-
section (a) shall not be taken into account in any pro-
ceeding to set or adjust the rates and fees payable for the 
use of sound recordings under section 112(e) or section 
114(f) of such title that is pending on, or commenced on 
or after, the date of the enactment of this Act. 
(c) DECISIONS AND PRECEDENTS NOT AFFECTED.— 
The repeal of section 114(i) of title 17, United States 
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108 
Code, by subsection (a) shall not have any effect upon the 
decisions, or the precedents established or relied upon, in 
any proceeding to set or adjust the rates and fees payable 
for the use of sound recordings under section 112(e) or 
section 114(f) of such title before the date of the enact-
ment of this Act. 
SEC. 4. RANDOM ASSIGNMENT OF RATE COURT PRO-
CEEDINGS. 
Section 137 of title 28, United States Code, is 
amended— 
(1) by striking ‘‘The business’’ and inserting 
‘‘(a) The business’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b)(1) In the case of any performing rights society 
subject to a consent decree, any application for the deter-
mination of a license fee for the public performance of 
music in accordance with the applicable consent decree 
shall be made in the district court with jurisdiction over 
that consent decree and assigned by lot to a judge of that 
district court according to that court’s rules for the divi-
sion of business among district judges currently in effect 
or as may be amended from time to time, provided that 
any such application shall not be assigned to— 
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109 
‘‘(A) a judge to whom continuing jurisdiction 
over any performing rights society for any per-
forming rights society consent decree is assigned or 
has previously been assigned; or 
‘‘(B) a judge to whom another proceeding con-
cerning an application for the determination of a 
reasonable license fee is assigned at the time of the 
filing of the application. 
This provision does not apply to applications to determine 
reasonable license fees made by individual proprietors 
under section 513 of title 17. 
‘‘(2) Nothing in paragraph (1) shall abrogate the 
right of any party to the applicable consent decree to make 
an application for a construction of any provision of the 
applicable consent decree to the judge to whom continuing 
jurisdiction over the applicable consent decree is currently 
assigned. If a party to a consent decree makes such an 
application in connection with any rate proceeding, such 
proceeding shall be stayed until the final determination of 
the construction application.’’. 
Æ 
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