cumstances such as a memorial 
tribute program for a particular 
artist lasting no more than 24 
hours that is broadcast within a 
week of the honoree’s death or 
upon the anniversary of the hon-
oree’s death; or 
‘‘(III) is made by a service that 
publishes or publicizes, in advance, 
the titles of sound recordings to be 
transmitted at specified times or dur-
ing specific blocks of time in the fu-
ture, other than a schedule of classical 
music programming, except that this 
subclause does not include the an-
nouncement by a transmitting entity 
of a particular song to be broadcast. 
If an entity offers both interactive and 
noninteractive 
services 
(either 
concur-
rently, through different channels or offer-
ings, or at different times), the noninter-
active component shall not be treated as 
part of an interactive service. 
‘‘(ii) INTERACTIVE SERVICE.—In this 
subparagraph, the term ‘interactive service’ 
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means a service 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 par-
ticular sound recording, whether or not as 
part of a program, which is selected by or 
on behalf of the recipient; except that the 
ability of individuals to request that par-
ticular sound recordings be performed for 
reception by the public at large, or in the 
case of a subscription service, by all sub-
scribers of the service, does not make a 
service interactive, if the programming on 
each channel of the service does not sub-
stantially consist of sound recordings that 
are performed within 1 hour of the request 
or at a time designated by either the trans-
mitting entity or the individual making the 
request. 
‘‘(I) LICENSING ADMINISTRATIVE COSTS.— 
The term ‘licensing administrative costs’ means 
the actual costs to a designated agent that are 
attributable to the issuance and administration 
of licenses under this subsection, including— 
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‘‘(i) costs in connection with the col-
lection and distribution of royalties under 
this subsection; 
‘‘(ii) the costs of identifying and locat-
ing copyright owners and administering a 
claims system for unidentified copyright 
owners; 
‘‘(iii) the costs of royalty examinations 
and other royalty compliance efforts; and 
‘‘(iv) the costs of creating and main-
taining an infrastructure for the activities 
described in clauses (i), (ii), and (iii). 
‘‘(J) LIMITED
DOWNLOAD.—The term 
‘limited download’ means a digital phonorecord 
delivery to an end user of a sound recording of 
a musical work that is only available for listen-
ing for— 
‘‘(i) a definite period of time (includ-
ing a period of time defined by ongoing 
subscription payments made by an end 
user); or 
‘‘(ii) a specified number of times. 
‘‘(K) NONINTERACTIVE STREAMING.—The 
term ‘noninteractive streaming’ means the mak-
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ing of any audio-only stream of a sound record-
ings of musical work— 
‘‘(i) that is not an interactive stream; 
‘‘(ii) that, except as may otherwise be 
authorized by the copyright owner, consists 
of a transmission of a musical work that— 
‘‘(I) has previously been distrib-
uted to the public in the United 
States under authority of the copy-
right owner or pre-released under au-
thority of the sound recording owner 
for promotional purposes; and 
‘‘(II) is embodied in a lawfully 
made sound recording; 
‘‘(iii) that does not violate the condi-
tions that apply to compulsory licensing of 
musical works set forth in subsection 
(a)(2); and 
‘‘(iv) for which all necessary licenses 
have been obtained to perform the musical 
work publicly. 
‘‘(L) OTHER
ADMINISTRATIVE
COSTS.— 
The term ‘other administrative costs’ means all 
expenses, expenditures, retained earnings, and 
reserves of a designated agent, other than li-
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