censing administrative costs, that are author-
ized by the board of directors of the designated 
agent. 
‘‘(M) 
SONGWRITER.—The 
term 
‘song-
writer’ means the author of a musical work. 
‘‘(N) SOUND RECORDING COMPANY.—The 
term ‘sound recording company’ means a per-
son who— 
‘‘(i) is a copyright owner of a sound 
recording of a musical work; 
‘‘(ii) in the case of a sound recording 
of a musical fixed before February 15, 
1972, has rights to the sound recording, 
under the common law or statutes of any 
State, that are similar to the rights under 
this title of a copyright owner of a sound 
recording of a musical work; 
‘‘(iii) is an exclusive licensee of a 
sound recording of a musical work; or 
‘‘(iv) performs the functions of mar-
keting and authorizing the distribution of 
a sound recording of a musical work under 
its own label, under the authority of the 
copyright owner of the sound recording. 
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‘‘(O) STREAM.—(i) The term ‘stream’ 
means the digital transmission of a sound re-
cording embodying a musical work for one-time 
listening by the end user using technology such 
that the transmission is not intended or de-
signed to result in a substantially complete re-
production of the sound recording, other than 
an incidental reproduction made in the normal 
course of such activity, including a cached, net-
work, or RAM buffer reproduction, to permit 
such one-time listening. 
‘‘(ii) The term ‘streaming’ means the proc-
ess of making and distributing streams. 
‘‘(15) REGULATIONS.— 
‘‘(A) IN GENERAL.—The Register of Copy-
rights shall issue such regulations as are nec-
essary to carry out this subsection, including— 
‘‘(i) specifying the requirements and 
procedures for reporting and making pay-
ments, and conducting royalty compliance 
examinations, under paragraph (10), in-
cluding provisions for the protection of 
confidential information and the effect of 
settlements with respect to royalty compli-
ance examinations; 
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‘‘(ii) specifying the procedures for ex-
pedited 
proceedings 
under 
paragraph 
(8)(E)(ii)(II)(bb) 
and 
subsection 
(c)(7)(B)(ii)(II); 
‘‘(iii) specifying the form of a letter of 
direction under paragraph (9)(I)(i); and 
‘‘(iv) facilitating exclusions from the 
blanket license under paragraph (13). 
‘‘(B) RESOLUTION
OF
DISPUTES.—If a 
copyright owner or user of nondramatic musical 
works wishes to have the Register of Copyrights 
resolve a dispute concerning whether an activity 
or offering subject to compulsory licensing 
under this section is licensable under this sub-
section or under subsection (b), the copyright 
owner or user may petition the Register for 
such a determination. If it appears to the Reg-
ister from the petition that the issue presented 
is likely to be material to multiple copyright 
owners or users, then the Register shall decide 
the issue by rulemaking within 6 months after 
the date of the petition. 
‘‘(16) APPLICATION OF SUBSECTION TO PRE- 
EXISTING LICENSES.—This subsection shall apply to 
digital phonorecord deliveries and hybrid offerings in 
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