engaged in the transmission of musical works to
the general public or to subscribers through
broadcast, cable, satellite, or other trans-
mission. For purposes of this paragraph, trans-
missions within a single commercial establish-
ment or within establishments under common
ownership or control are not transmissions to
the general public.
‘‘(C) ENFORCEMENT
OF
ARBITRATOR’S
DETERMINATIONS.—An arbitrator’s determina-
tion under this paragraph is binding on the
parties and may be enforced pursuant to sec-
tions 9 through 13 of title 9.
‘‘(2) COURT-ANNEXED
ARBITRATION.—In any
civil action for infringement of the right granted in
section 106(4) involving a musical work that is in
the repertoire of a performing rights society, if the
defendant admits the prior public performance of
one or more works in the repertoire of the perform-
ing rights society but contests the amount of the li-
cense fee demanded by such society for such per-
formance, the dispute shall, if requested by the de-
fendant, be submitted to arbitration under section
652(e) of title 28. In such arbitration proceeding,
the arbitrator shall determine the amount owed by
the defendant to the performing rights society for
all past public performances of musical works in the
society’s repertoire. Such amount shall not exceed
two times the amount of the blanket license fee that
would be applied by the society to the defendant for
the year or years in which the performances oc-
curred. In addition, the arbitrator shall, if requested
by the defendant, determine a fair and reasonable
license fee for the defendant’s future public perform-
ances of the musical works in such society’s rep-
ertoire.
‘‘(3) TERM
OF
LICENSE
FEE
DETERMINA-
TION.—In any arbitration proceeding initiated under
this subsection, the arbitrator’s determination of a
fair and reasonable license fee for the performance
of the music in the repertoire of the performing
rights society concerned shall apply for a period of
not less than 3 years nor more than 5 years after
the date of the arbitrator’s determination.’’.
(b) ACTIONS THAT SHALL BE REFERRED TO ARBI-
TRATION.—Section 652 of title 28, United States Code,
is amended by adding at the end the following:
‘‘(e) ACTIONS THAT SHALL BE REFERRED TO ARBI-
TRATION.—In any civil action for infringement of the
right granted in section 106(4) of title 17 involving a mu-
sical work that is in the repertoire of a performing rights
society, if the defendant admits the public performance of
any musical work in the repertoire of the performing
rights society but contests the amount of the license fee
demanded for such performance by the society, the district
court shall, if requested by the defendant, refer the dispute
to arbitration, which shall be conducted in accordance with
section 504(d)(2) of title 17. Each district court shall es-
tablish procedures by local rule authorizing the use of ar-
bitration under this subsection. The definitions set forth
in title 17 apply to the terms used in this subsection.’’.
SEC. 4. RADIO PER PROGRAMMING PERIOD LICENSE.
Section 504 of title 17, United States Code, as
amended by section 3 of this Act, is further amended by
adding at the end thereof the following new subsection:
‘‘(e) RADIO
PER
PROGRAMMING
PERIOD
LI-
CENSES.—
‘‘(1) IN GENERAL.—Each performing rights so-
ciety shall offer, to any radio broadcaster that so re-
quests, a per programming period license to perform
nondramatic musical works in the repertoire of the
performing rights society. Such license shall be of-
fered on reasonable terms and conditions that pro-
vide an economically and administratively viable al-
ternative to the society’s blanket license for all such
broadcasters.
‘‘(2) PRICE OF PER PROGRAMMING PERIOD LI-
CENSES.—(A) The total price of a per programming
period license described in paragraph (1)—
‘‘(i) shall include separate components for
incidental and feature performances, which are
independent of the quantity of such perform-
ances by the broadcaster and do not exceed the
relative value the performing rights society as-
signs to such performances in its distribution of
royalties; and
‘‘(ii) shall not exceed the fee that would be
payable by the broadcaster under the lowest
price blanket license offered to radio broad-
casters, and shall be in direct proportion to the
percentage of the broadcaster’s revenue attrib-
utable to programming periods containing
feature performances of musical works in the
society’s repertoire compared to the industry
average percentage of revenue attributable to
programming periods containing feature per-
formances of musical works in the society’s rep-
ertoire.
‘‘(B) Nondramatic musical works that have
been licensed directly or at the source, or whose per-
formance constitutes fair use or is otherwise exempt
from liability under this title, shall not be considered
in calculating any per programming period license
fee under this subsection.
‘‘(3) ADMINISTRATION
OF
LICENSE.—Begin-
ning 
January 
1, 
1998, 
the 
performance 
of
nondramatic musical works by a broadcaster under
any per programming period license shall be deter-
mined on the basis of statistically reliable sampling
or monitoring by the performing rights society, and
the society may not require the broadcaster to report
such performance to the society. The society shall
provide the broadcaster with a report detailing the
results of such sampling or monitoring, identifying
each programming period containing the perform-
ance of nondramatic musical works in the society’s
repertoire and the nondramatic musical works
performed.
‘‘(4) IMPLEMENTATION.—Any radio broad-
caster entitled to a per programming period license
under this subsection may bring an action to require
compliance with this subsection in an appropriate
United States district court, including any district
court established by court order or statute as a
court that resolves disputes, with respect to license
rates, that may arise between performing rights soci-
eties and persons who perform musical works in the
society’s repertoire.
‘‘(5) DEFINITIONS.—As used in this sub-
section—
‘‘(A) the term ‘blanket license’ means a li-
cense provided by a performing rights society
that authorizes the unlimited performance of
musical works in the society’s repertoire, for a
fee that does not vary with the quantity or type
of performances of musical works in the soci-
ety’s repertoire;
‘‘(B) the term ‘incidental’ means commer-
cial jingles not exceeding 60 seconds in dura-
tion, bridges, themes or signatures, arrange-
ments of works in the public domain, and back-
ground music, including music used in conjunc-
tion with sporting events; and
‘‘(C) the term ‘programming period’ means
any 15-minute period of radio broadcasting
commencing on the hour, or at 15, 30, or 45
minutes past the hour.’’.
SEC. 5. ACCESS TO REPERTOIRE AND LICENSING INFORMA-
TION.
Section 504 of title 17, United States Code, as
amended by sections 3 and 4 of this Act, is further amend-
ed by adding at the end the following:
‘‘(f) ACCESS TO MUSICAL REPERTOIRE.—
‘‘(1) ONLINE COMPUTER ACCESS.—Each per-
forming rights society shall make available, free of
charge, to all interested persons, online computer ac-
cess to copyright and licensing information for each
work in its repertoire. Such access shall, for each
such musical work, identify the work by title of the
work, the name, address, and telephone number of
both the author and the copyright owner, when the
work will enter the public domain, and the names of
any artists known to have performed the work. Such
online computer access shall permit the efficient re-
view of multiple musical works consistent with rea-
sonably available technology.
‘‘(2) DIRECTORY OF TITLES.—Each performing
rights society shall make available at no charge, not
less frequently than semiannually, a printed direc-
tory of each title in its repertoire, as of the date
which is not more than 30 days before the date on
which the directory is published, containing the in-
formation set forth in paragraph (1).
included in the online database required by
paragraph (1) not less than 10 days before the
performance giving rise to the alleged infringe-
ment or charge.
‘‘(g) ACCESS TO LICENSING INFORMATION.—
‘‘(1) TERMS OF LICENSES.—Each performing
rights society shall provide, within 5 business days
after it receives a written request from a licensee of
any musical work in the society’s repertoire, or from
any person that is negotiating to become such a
licensee—
‘‘(A) a schedule of the society’s license
rates for those licensees in the same locality as
the licensee or person making the request, that
have characteristics similar to such licensee or
person, except that the society shall provide in-
formation with respect to at least 5 but not
more than 10 such licensees;
‘‘(B) the formulas by which the rates are
derived; and
‘‘(C) license terms under agreements exe-
cuted by the performing rights society and li-
censees described in subparagraph (A).
‘‘(2) COPIES OF LICENSES.—Each performing
rights society shall provide, within 5 business days
after receiving a written request from an entity au-
thorized to negotiate license fees and terms on be-
half of any group of persons who perform or may
perform musical works within that society’s rep-
ertoire, copies of all forms of licenses negotiated be-
tween that society and other entities authorized to
negotiate license fees and terms on behalf of any
group of persons who perform musical works in that
society’s repertoire, except that the society shall not
disclose individual licensee’s names, addresses, or
business confidential information.’’.
SEC. 6. ANNUAL REPORTS.
Not later than March 1 of each year, the Attorney
General of the United States shall submit a written report
to the Congress on the activities of the Department of
Justice during the preceding calendar year relating to the
continuing supervision and enforcement by the Depart-
ment of the consent decree of the American Society of
Composers, Authors, and Publishers of March 14, 1950,
and the consent decree of Broadcast Music, Inc. of Decem-
ber 29, 1966. Such report shall include a description of
all issues raised or complaints filed with the Department
of Justice relating to the operations of those performing
rights societies, and a summary of the Department’s ac-
tions or investigations undertaken by the Department in
response to such issues and complaints.
SEC. 7. VICARIOUS LIABILITY PROHIBITED.
A landlord, an organizer or sponsor of a convention,
exposition, or meeting, a facility owner, or any other per-
son making space available to another party by contract,
shall not be liable under any theory of vicarious or con-
tributory infringement with respect to an infringing public
performance of a copyrighted work by a tenant, lessee,
subtenant, sublessee, licensee, exhibitor, or other user of
such space on the ground that—
(1) a contract for such space provides the land-
lord, organizer or sponsor, facility owner, or other
person a right or ability to control such space and
compensation for the use of such space; or
(2) the landlord, organizer or sponsor, facility
owner, or other person has or had at the time of the
infringing performance actual control over some as-
pects of the use of such space,
if the contract for the use of such space prohibits infring-
ing public performances and the landlord, organizer or
sponsor, facility owner, or other person does not exercise
control over the selection of works performed.
SEC. 8. RELIGIOUS SERVICE EXEMPTION.
Section 110(3) of title 17, United States Code, is
amended by inserting after ‘‘religious assembly’’ the fol-
lowing: ‘‘, the transmission of such services, whether live
or recorded, or the recording of copies or phonorecords
of a transmission program embodying such services in
their entirety’’.
SEC. 9. CONFORMING AMENDMENTS.
(a) DEFINITIONS.—Section 101 of title 17, United
States Code, is amended by inserting after the undesig-
nated paragraph relating to the definition of ‘‘perform’’
the following:
‘‘A ‘performing rights society’ is an association,
corporation, or other entity that licenses the public
performance of nondramatical musical works on be-
half of copyright owners of such works, such as the
American Society of Composers, Authors, and Pub-
lishers, Broadcast Music, Inc., and SESAC, Inc. The
‘repertoire’ of a performing rights society consists of
those works for which the society provides licenses
on behalf of the owners of copyright in the works.’’.
SEC. 10. CONSTRUCTION OF ACT.
Except as provided in section 504(d)(1) of title 17,
United States Code, as added by section 3(a) of this Act,
nothing in this Act shall be construed to relieve any per-
forming rights society (as defined in section 101 of title
17, United States Code) of any obligation under any con-
sent decree or other court order governing its operation,
as such decree or order is in effect on the date of the
enactment of this Act, as it may be amended after such
date, or as it may be issued or agreed to after such date.
Æ