I 
115TH CONGRESS 
2D SESSION 
H. R. 5447 
To modernize copyright law, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2018 
Mr. GOODLATTE (for himself, Mr. NADLER, Mr. COLLINS of Georgia, Mr. 
JEFFRIES, Mr. ISSA, Mr. DEUTCH, Mr. THOMAS J. ROONEY of Florida, 
Mr. CROWLEY, Ms. BASS, Mrs. BLACKBURN, Mr. CHABOT, Mr. COHEN, 
Mr. COOPER, Mrs. DEMINGS, Mr. JOHNSON of Georgia, Mr. JOHNSON of 
Louisiana, Ms. JACKSON LEE, Mr. TED LIEU of California, Mr. MARINO, 
Mr. PAYNE, Mrs. ROBY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. SHERMAN, 
Mr. SMITH of Texas, Mr. SWALWELL of California, Mr. RASKIN, Mr. 
CICILLINE, Ms. JUDY CHU of California, Ms. JAYAPAL, and Mr. BIGGS) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To modernize copyright law, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Music Modernization Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—MUSIC LICENSING MODERNIZATION 
Sec. 101. Short title. 
Sec. 102. Blanket license for digital uses and mechanical licensing collective. 
Sec. 103. Amendments to section 114. 
Sec. 104. Random assignment of rate court proceedings. 
TITLE II—COMPENSATING LEGACY ARTISTS FOR THEIR SONGS, 
SERVICE, AND IMPORTANT CONTRIBUTIONS TO SOCIETY 
Sec. 201. Short title. 
Sec. 202. Unauthorized digital performance of pre-1972 sound recordings. 
Sec. 203. Effective date. 
TITLE III—ALLOCATION FOR MUSIC PRODUCERS 
Sec. 301. Short title. 
Sec. 302. Payment of statutory performance royalties. 
Sec. 303. Effective date. 
TITLE I—MUSIC LICENSING 
MODERNIZATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Musical Works Mod-
ernization Act’’. 
SEC. 102. BLANKET LICENSE FOR DIGITAL USES AND ME-
CHANICAL LICENSING COLLECTIVE. 
(a) AMENDMENT.—Section 115 of title 17, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘IN
GENERAL’’ after 
‘‘AVAILABILITY
AND SCOPE
OF COMPULSORY 
LICENSE’’; 
(B) by striking paragraph (1) and insert-
ing the following new paragraph: 
‘‘(1) 
ELIGIBILITY
FOR
COMPULSORY
LI-
CENSE.— 
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right in the sound recording or, if the 
sound recording was fixed before February 
15, 1972, by any person who fixed the 
sound recording pursuant to an express li-
cense from the owner of the copyright in 
the musical work or pursuant to a valid 
compulsory license for use of such work in 
a sound recording.’’; and 
(C) in paragraph (2), by striking ‘‘A com-
pulsory license’’ and inserting ‘‘MUSICAL AR-
RANGEMENT.—A compulsory license’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) PROCEDURES TO OBTAIN A COMPULSORY LI-
CENSE.— 
‘‘(1) PHONORECORDS
OTHER
THAN
DIGITAL 
PHONORECORD DELIVERIES.—A person who seeks to 
obtain a compulsory license under subsection (a) to 
make and distribute phonorecords of a musical work 
other than by means of digital phonorecord delivery 
shall, before or within 30 calendar days after mak-
ing, and before distributing, any phonorecord of the 
work, serve notice of intention to do so on the copy-
right owner. If the registration or other public 
records of the Copyright Office do not identify the 
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copyright owner and include an address at which no-
tice can be served, it shall be sufficient to file the 
notice of intention with the Copyright Office. The 
notice shall comply, in form, content, and manner of 
service, with requirements that the Register of Copy-
rights shall prescribe by regulation. 
‘‘(2) DIGITAL PHONORECORD DELIVERIES.—A 
person who seeks to obtain a compulsory license 
under subsection (a) to make and distribute 
phonorecords of a musical work by means of digital 
phonorecord delivery— 
‘‘(A) prior to the license availability date, 
shall, before or within 30 calendar days after 
first making any such digital phonorecord deliv-
ery, serve a notice of intention to do so on the 
copyright owner (but may not file the notice 
with the Copyright Office, even if the public 
records of the Office do not identify the owner 
or the owner’s address), and such notice shall 
comply, in form, content, and manner of serv-
ice, with requirements that the Register of 
Copyrights shall prescribe by regulation; or 
‘‘(B) on or after the license availability 
date, shall, before making any such digital pho-
norecord delivery, follow the procedure de-
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scribed in subsection (d)(2), except as provided 
in paragraph (3). 
‘‘(3) RECORD COMPANY INDIVIDUAL DOWNLOAD 
LICENSES.—Notwithstanding paragraph (2)(B), a 
record company may, on or after the license avail-
ability date, obtain an individual download license in 
accordance with the notice requirements described in 
paragraph (2)(A) (except for the requirement that 
notice occur prior to the license availability date). A 
record company that obtains an individual download 
license as permitted under this paragraph shall pro-
vide statements of account and pay royalties as pro-
vided in subsection (c)(2)(I). 
‘‘(4) FAILURE TO OBTAIN LICENSE.— 
‘‘(A) PHONORECORDS OTHER THAN DIG-
ITAL PHONORECORD DELIVERIES.—In the case 
of phonorecords made and distributed other 
than by means of digital phonorecord delivery, 
the failure to serve or file the notice of inten-
tion required by paragraph (1) forecloses the 
possibility of a compulsory license under para-
graph (1). In the absence of a voluntary license, 
the failure to obtain a compulsory license ren-
ders the making and distribution of phonore-
cords actionable as acts of infringement under 
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section 501 and subject to the remedies pro-
vided by sections 502 through 506. 
‘‘(B) 
DIGITAL
PHONORECORD
DELIV-
ERIES.— 
‘‘(i) In the case of phonorecords made 
and distributed by means of digital phono-
record delivery: 
‘‘(I) The failure to serve the no-
tice of intention required by para-
graph (2)(A) or paragraph (3), as ap-
plicable, forecloses the possibility of a 
compulsory license under such para-
graph. 
‘‘(II) The failure to comply with 
paragraph (2)(B) forecloses the possi-
bility of a blanket license for a period 
of 3 years after the last calendar day 
on which the notice of license was re-
quired to be submitted to the mechan-
ical licensing collective under such 
paragraph. 
‘‘(ii) In either case described in clause 
(i), in the absence of a voluntary license, 
the failure to obtain a compulsory license 
renders the making and distribution of 
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phonorecords by means of digital phono-
record delivery actionable as acts of in-
fringement under section 501 and subject 
to the remedies provided by sections 502 
through 506.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) GENERAL CONDITIONS APPLICABLE TO COM-
PULSORY LICENSE.— 
‘‘(1) ROYALTY PAYABLE UNDER COMPULSORY 
LICENSE.— 
‘‘(A) IDENTIFICATION REQUIREMENT.—To 
be entitled to receive royalties under a compul-
sory license obtained under subsection (b)(1) 
the copyright owner must be identified in the 
registration or other public records of the Copy-
right Office. The owner is entitled to royalties 
for phonorecords made and distributed after 
being so identified, but is not entitled to recover 
for any phonorecords previously made and dis-
tributed. 
‘‘(B) 
ROYALTY
FOR
PHONORECORDS 
OTHER
THAN
DIGITAL
PHONORECORD
DELIV-
ERIES.—Except as provided by subparagraph 
(A), for every phonorecord made and distrib-
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uted under a compulsory license under sub-
section (a) other than by means of digital pho-
norecord delivery, with respect to each work 
embodied in the phonorecord, the royalty shall 
be the royalty prescribed under subparagraphs 
(D) through (F) and paragraph (2)(A) and 
chapter 8 of this title. For purposes of this sub-
paragraph, a phonorecord is considered ‘distrib-
uted’ if the person exercising the compulsory li-
cense has voluntarily and permanently parted 
with its possession. 
‘‘(C) ROYALTY
FOR
DIGITAL
PHONO-
RECORD DELIVERIES.—For every digital phono-
record delivery of a musical work made under 
a compulsory license under this section, the roy-
alty payable shall be the royalty prescribed 
under subparagraphs (D) through (F) and 
paragraph (2)(A) and chapter 8 of this title. 
‘‘(D) AUTHORITY
TO
NEGOTIATE.—Not-
withstanding any provision of the antitrust 
laws, any copyright owners of nondramatic mu-
sical works and any persons entitled to obtain 
a compulsory license under subsection (a) may 
negotiate and agree upon the terms and rates 
of royalty payments under this section and the 
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proportionate division of fees paid among copy-
right owners, and may designate common 
agents on a nonexclusive basis to negotiate, 
agree to, pay or receive such royalty payments. 
Such authority to negotiate the terms and rates 
of royalty payments includes, but is not limited 
to, the authority to negotiate the year during 
which the royalty rates prescribed under this 
subparagraph and subparagraphs (E) and (F) 
and paragraph (2)(A) and chapter 8 of this 
title shall next be determined. 
‘‘(E) DETERMINATION
OF
REASONABLE 
RATES AND TERMS.—Proceedings under chap-
ter 8 shall determine reasonable rates and 
terms of royalty payments for the activities 
specified by this section during the period be-
ginning with the effective date of such rates 
and terms, but not earlier than January 1 of 
the second year following the year in which the 
petition requesting the proceeding is filed, and 
ending on the effective date of successor rates 
and terms, or such other period as the parties 
may agree. Any copyright owners of nondra-
matic musical works and any persons entitled 
to obtain a compulsory license under subsection 
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(a) may submit to the Copyright Royalty 
Judges licenses covering such activities. The 
parties to each proceeding shall bear their own 
costs. 
‘‘(F) 
SCHEDULE
OF
REASONABLE 
RATES.—The schedule of reasonable rates and 
terms determined by the Copyright Royalty 
Judges shall, subject to paragraph (2)(A), be 
binding on all copyright owners of nondramatic 
musical works and persons entitled to obtain a 
compulsory license under subsection (a) during 
the period specified in subparagraph (E), such 
other period as may be determined pursuant to 
subparagraphs (D) and (E), or such other pe-
riod as the parties may agree. The Copyright 
Royalty Judges shall establish rates and terms 
that most clearly represent the rates and terms 
that would have been negotiated in the market-
place between a willing buyer and a willing sell-
er. In determining such rates and terms for dig-
ital phonorecord deliveries, the Copyright Roy-
alty Judges shall base their decision on eco-
nomic, competitive, and programming informa-
tion presented by the parties, including— 
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‘‘(i) whether use of the compulsory li-
censee’s service may substitute for or may 
promote the sales of phonorecords or oth-
erwise may interfere with or may enhance 
the musical work copyright owner’s other 
streams of revenue from its musical works; 
and 
‘‘(ii) the relative roles of the copyright 
owner and the compulsory licensee in the 
copyrighted work and the service made 
available to the public with respect to the 
relative creative contribution, technological 
contribution, capital investment, cost, and 
risk. 
‘‘(2) ADDITIONAL TERMS AND CONDITIONS.— 
‘‘(A) VOLUNTARY
LICENSES
AND
CON-
TRACTUAL ROYALTY RATES.— 
‘‘(i) License agreements voluntarily 
negotiated at any time between one or 
more copyright owners of nondramatic mu-
sical works and one or more persons enti-
tled to obtain a compulsory license under 
subsection (a) shall be given effect in lieu 
of any determination by the Copyright 
Royalty Judges. Subject to clause (ii), the 
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royalty rates determined pursuant to sub-
paragraphs (E) and (F) of paragraph (1) 
shall be given effect as to digital phono-
record deliveries in lieu of any contrary 
royalty rates specified in a contract pursu-
ant to which a recording artist who is the 
author of a nondramatic musical work 
grants a license under that person’s exclu-
sive rights in the musical work under para-
graphs (1) and (3) of section 106 or com-
mits another person to grant a license in 
that musical work under paragraphs (1) 
and (3) of section 106, to a person desir-
ing to fix in a tangible medium of expres-
sion a sound recording embodying the mu-
sical work. 
‘‘(ii) The second sentence of clause (i) 
shall not apply to— 
‘‘(I) a contract entered into on or 
before June 22, 1995, and not modi-
fied thereafter for the purpose of re-
ducing the royalty rates determined 
pursuant to subparagraphs (E) and 
(F) of paragraph (1) or of increasing 
the number of musical works within 
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the scope of the contract covered by 
the reduced rates, except if a contract 
entered into on or before June 22, 
1995, is modified thereafter for the 
purpose of increasing the number of 
musical works within the scope of the 
contract, any contrary royalty rates 
specified in the contract shall be given 
effect in lieu of royalty rates deter-
mined pursuant to subparagraphs (E) 
and (F) of paragraph (1) for the 
number of musical works within the 
scope of the contract as of June 22, 
1995; and 
‘‘(II) a contract entered into 
after the date that the sound record-
ing is fixed in a tangible medium of 
expression substantially in a form in-
tended for commercial release, if at 
the time the contract is entered into, 
the recording artist retains the right 
to grant licenses as to the musical 
work under paragraphs (1) and (3) of 
section 106. 
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‘‘(B) SOUND RECORDING INFORMATION.— 
Except as provided in section 1002(e) of this 
title, a digital phonorecord delivery licensed 
under this paragraph shall be accompanied by 
the information encoded in the sound recording, 
if any, by or under the authority of the copy-
right owner of that sound recording, that iden-
tifies the title of the sound recording, the fea-
tured recording artist who performs on the 
sound recording, and related information, in-
cluding information concerning the underlying 
musical work and its writer. 
‘‘(C) INFRINGEMENT REMEDIES.— 
‘‘(i) A digital phonorecord delivery of 
a sound recording is actionable as an act 
of infringement under section 501, and is 
fully subject to the remedies provided by 
sections 502 through 506, unless— 
‘‘(I) the digital phonorecord de-
livery has been authorized by the 
sound recording copyright owner; and 
‘‘(II) the entity making the dig-
ital phonorecord delivery has obtained 
a compulsory license under subsection 
(a) or has otherwise been authorized 
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license the distribution of a phonorecord of the 
nondramatic musical work. 
‘‘(E) RECORDING DEVICES AND MEDIA.— 
Nothing in section 1008 shall be construed to 
prevent the exercise of the rights and remedies 
allowed by this paragraph, subparagraph (J), 
and chapter 5 in the event of a digital phono-
record delivery, except that no action alleging 
infringement of copyright may be brought 
under this title against a manufacturer, im-
porter or distributor of a digital audio recording 
device, a digital audio recording medium, an 
analog recording device, or an analog recording 
medium, or against a consumer, based on the 
actions described in such section. 
‘‘(F) PRESERVATION
OF
RIGHTS.—Noth-
ing in this section annuls or limits (i) the exclu-
sive right to publicly perform a sound recording 
or the musical work embodied therein, including 
by means of a digital transmission, under sec-
tions 106(4) and 106(6), (ii) except for compul-
sory licensing under the conditions specified by 
this section, the exclusive rights to reproduce 
and distribute the sound recording and the mu-
sical work embodied therein under sections 
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106(1) and 106(3), including by means of a 
digital phonorecord delivery, or (iii) any other 
rights under any other provision of section 106, 
or remedies available under this title, as such 
rights or remedies exist either before or after 
the date of enactment of the Digital Perform-
ance Right in Sound Recordings Act of 1995. 
‘‘(G) EXEMPT
TRANSMISSIONS
AND
RE-
TRANSMISSIONS.—The provisions of this section 
concerning digital phonorecord deliveries shall 
not apply to any exempt transmissions or re-
transmissions under section 114(d)(1). The ex-
emptions created in section 114(d)(1) do not 
expand or reduce the rights of copyright owners 
under section 106(1) through (5) with respect 
to such transmissions and retransmissions. 
‘‘(H) DISTRIBUTION BY RENTAL, LEASE, 
OR LENDING.—A compulsory license obtained 
under subsection (b)(1) to make and distribute 
phonorecords includes the right of the maker of 
such a phonorecord to distribute or authorize 
distribution of such phonorecord, other than by 
means of a digital phonorecord delivery, by 
rental, lease, or lending (or by acts or practices 
in the nature of rental, lease, or lending). With 
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respect to each nondramatic musical work em-
bodied in the phonorecord, the royalty shall be 
a proportion of the revenue received by the 
compulsory licensee from every such act of dis-
tribution of the phonorecord under this clause 
equal to the proportion of the revenue received 
by the compulsory licensee from distribution of 
the 
phonorecord 
under 
subsection 
(a)(1)(A)(ii)(II) that is payable by a compulsory 
licensee under that clause and under chapter 8. 
The Register of Copyrights shall issue regula-
tions to carry out the purpose of this clause. 
‘‘(I) PAYMENT OF ROYALTIES AND STATE-
MENTS OF ACCOUNT.—Except as provided in 
paragraphs (4)(A)(i) and (10)(B) of subsection 
(d), royalty payments shall be made on or be-
fore the twentieth day of each month and shall 
include all royalties for the month next pre-
ceding. Each monthly payment shall be made 
under oath and shall comply with requirements 
that the Register of Copyrights shall prescribe 
by regulation. The Register shall also prescribe 
regulations under which detailed cumulative an-
nual statements of account, certified by a cer-
tified public accountant, shall be filed for every 
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compulsory license under subsection (a). The 
regulations covering both the monthly and the 
annual statements of account shall prescribe 
the form, content, and manner of certification 
with respect to the number of records made and 
the number of records distributed. 
‘‘(J) NOTICE
OF
DEFAULT
AND
TERMI-
NATION
OF
COMPULSORY
LICENSE.—In the 
case of a license obtained under subsection 
(b)(1), (b)(2)(A), or (b)(3), if the copyright 
owner does not receive the monthly payment 
and the monthly and annual statements of ac-
count when due, the owner may give written no-
tice to the licensee that, unless the default is 
remedied within thirty days from the date of 
the notice, the compulsory license will be auto-
matically terminated. Such termination renders 
either the making or the distribution, or both, 
of all phonorecords for which the royalty has 
not been paid, actionable as acts of infringe-
ment under section 501 and fully subject to the 
remedies provided by sections 502 through 506. 
In the case of a license obtained under sub-
section (b)(2)(B), license authority under the 
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compulsory license may be terminated as pro-
vided in subsection (d)(4)(E).’’; 
(4) by amending subsection (d) to read as fol-
lows: 
‘‘(d) BLANKET LICENSE FOR DIGITAL USES, ME-
CHANICAL LICENSING COLLECTIVE, AND DIGITAL LI-
CENSEE COORDINATOR.— 
‘‘(1) BLANKET LICENSE FOR DIGITAL USES.— 
‘‘(A) IN GENERAL.—A digital music pro-
vider that qualifies for a compulsory license 
under subsection (a) may, by complying with 
the terms and conditions of this subsection, ob-
tain a blanket license from copyright owners 
through the mechanical licensing collective to 
make and distribute digital phonorecord deliv-
eries of musical works through one or more cov-
ered activities. 
‘‘(B) INCLUDED ACTIVITIES.—A blanket li-
cense— 
‘‘(i) covers all musical works (or 
shares of such works) available for compul-
sory licensing under this section for pur-
poses of engaging in covered activities, ex-
cept as provided in subparagraph (C); 
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‘‘(ii) includes the making and dis-
tribution of server, intermediate, archival, 
and incidental reproductions of musical 
works that are reasonable and necessary 
for the digital music provider to engage in 
covered activities licensed under this sub-
section, solely for the purpose of engaging 
in such covered activities; and 
‘‘(iii) does not cover or include any 
rights or uses other than those described 
in clauses (i) and (ii). 
‘‘(C) OTHER
LICENSES.—A voluntary li-
cense for covered activities entered into by or 
under the authority of one or more copyright 
owners and one or more digital music providers, 
or authority to make and distribute permanent 
downloads of a musical work obtained by a dig-
ital music provider from a sound recording 
copyright owner pursuant to an individual 
download license, shall be given effect in lieu of 
a blanket license under this subsection with re-
spect to the musical works (or shares thereof) 
covered by such voluntary license or individual 
download authority and the following conditions 
apply: 
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‘‘(i) Where a voluntary license or indi-
vidual download license applies, the license 
authority provided under the blanket li-
cense shall exclude any musical works (or 
shares thereof) subject to the voluntary li-
cense or individual download license. 
‘‘(ii) An entity engaged in covered ac-
tivities under a voluntary license or author-
ity obtained pursuant to an individual 
download license that is a significant non-
blanket licensee shall comply with para-
graph (6)(A). 
‘‘(iii) The rates and terms of any vol-
untary license shall be subject to the sec-
ond sentence of clause (i) and clause (ii) of 
subsection (c)(2)(A) and paragraph (9)(C), 
as applicable. 
‘‘(D) PROTECTION
AGAINST
INFRINGE-
MENT ACTIONS.—A digital music provider that 
obtains and complies with the terms of a valid 
blanket license under this subsection shall not 
be subject to an action for infringement of the 
exclusive rights provided by paragraphs (1) and 
(3) of section 106 under this title arising from 
use of a musical work (or share thereof) to en-
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gage in covered activities authorized by such li-
cense, subject to paragraph (4)(E). 
‘‘(E) OTHER REQUIREMENTS AND CONDI-
TIONS APPLY.—Except as expressly provided in 
this subsection, each requirement, limitation, 
condition, privilege, right, and remedy otherwise 
applicable to compulsory licenses under this sec-
tion shall apply to compulsory blanket licenses 
under this subsection. 
‘‘(2) AVAILABILITY OF BLANKET LICENSE.— 
‘‘(A) PROCEDURE
FOR
OBTAINING
LI-
CENSE.—A digital music provider may obtain a 
blanket license by submitting a notice of license 
to the mechanical licensing collective that speci-
fies the particular covered activities in which 
the digital music provider seeks to engage, as 
follows: 
‘‘(i) The notice of license shall comply 
in form and substance with requirements 
that the Register of Copyrights shall estab-
lish by regulation. 
‘‘(ii) Unless rejected in writing by the 
mechanical licensing collective within 30 
calendar days after receipt, the blanket li-
cense shall be effective as of the date the 
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lotter on DSKBCFDHB2PROD with BILLS
notice of license was sent by the digital 
music provider as shown by a physical or 
electronic record. 
‘‘(iii) A notice of license may only be 
rejected by the mechanical licensing collec-
tive if— 
‘‘(I) the digital music provider or 
notice of license does not meet the re-
quirements of this section or applica-
ble regulations, in which case the re-
quirements at issue shall be specified 
with reasonable particularity in the 
notice of rejection; or 
‘‘(II) the digital music provider 
has had a blanket license terminated 
by the mechanical licensing collective 
within the past 3 years pursuant to 
paragraph (4)(E). 
‘‘(iv) If a notice of license is rejected 
under clause (iii)(I), the digital music pro-
vider shall have 30 calendar days after re-
ceipt of the notice of rejection to cure any 
deficiency and submit an amended notice 
of license to the mechanical licensing col-
lective. If the deficiency has been cured, 
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lotter on DSKBCFDHB2PROD with BILLS
the mechanical licensing collective shall so 
confirm in writing, and the license shall be 
effective as of the date that the original 
notice of license was provided by the dig-
ital music provider. 
‘‘(v) A digital music provider that be-
lieves a notice of license was improperly re-
jected by the mechanical licensing collec-
tive may seek review of such rejection in 
Federal district court. The district court 
shall determine the matter de novo based 
on the record before the mechanical licens-
ing collective and any additional evidence 
presented by the parties. 
‘‘(B) 
BLANKET
LICENSE
EFFECTIVE 
DATE.—Blanket licenses shall be made available 
by the mechanical licensing collective on and 
after the license availability date. No such li-
cense shall be effective prior to the license avail-
ability date. 
‘‘(3) MECHANICAL LICENSING COLLECTIVE.— 
‘‘(A) IN
GENERAL.—The mechanical li-
censing collective shall be a single entity that— 
‘‘(i) is a nonprofit, not owned by any 
other entity, that is created by copyright 
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lotter on DSKBCFDHB2PROD with BILLS
owners to carry out responsibilities under 
this subsection; 
‘‘(ii) is endorsed by and enjoys sub-
stantial support from musical work copy-
right owners that together represent the 
greatest percentage of the licensor market 
for uses of such works in covered activities, 
as measured over the preceding 3 full cal-
endar years; 
‘‘(iii) is able to demonstrate to the 
Register of Copyrights that it has, or will 
have prior to the license availability date, 
the administrative and technological capa-
bilities to perform the required functions of 
the mechanical licensing collective under 
this subsection; and 
‘‘(iv) has been designated by the Reg-
ister of Copyrights in accordance with sub-
paragraph (B). 
‘‘(B) DESIGNATION
OF
MECHANICAL
LI-
CENSING COLLECTIVE.— 
‘‘(i) 
INITIAL
DESIGNATION.—The 
Register of Copyrights shall initially des-
ignate the mechanical licensing collective 
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lotter on DSKBCFDHB2PROD with BILLS
within 9 months after the enactment date 
as follows: 
‘‘(I) Within 90 calendar days 
after the enactment date, the Register 
shall publish notice in the Federal 
Register soliciting information to as-
sist in identifying the appropriate en-
tity to serve as the mechanical licens-
ing collective, including the name and 
affiliation of each member of the 
board of directors described under 
subparagraph (D)(i) and each com-
mittee established pursuant to clauses 
(iii), (iv), and (v) of subparagraph 
(D). 
‘‘(II) After reviewing the infor-
mation requested under subclause (I) 
and making a designation, the Reg-
ister shall publish notice in the Fed-
eral Register setting forth the identity 
of and contact information for the me-
chanical licensing collective. 
‘‘(ii) PERIODIC REVIEW OF DESIGNA-
TION.—Following the initial designation of 
the mechanical licensing collective, the 
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