nating operations, a designated agent 
shall— 
‘‘(I) notify the Copyright Office, 
all of its licensees under this sub-
section, all of the copyright owners 
represented by the designated agent 
for the purposes of this subsection, 
and all other designated agents of its 
intent to terminate operations; and 
‘‘(II) transfer to the existing 
General Designated Agent or, in the 
case of the termination of the General 
Designated Agent, to the successor 
General Designated Agent, electronic 
and other copies of all records that 
are necessary to determine copyright 
ownership and payment of royalties. 
‘‘(ii) ASSUMPTION
OF
DUTIES
BY 
GENERAL DESIGNATED AGENT.—Upon the 
termination of operations of a designated 
agent, the General Designated Agent or 
successor General Designated Agent, as 
the case may be, shall assume the adminis-
tration of the musical works and rights 
previously administered by the terminated 
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designated agent, regardless of whether the 
terminated agent has complied with clause 
(i). 
‘‘(H) MUSICAL WORKS DATABASE.— 
‘‘(i) 
AVAILABILITY.—The 
General 
Designated Agent and each additional des-
ignated agent shall maintain and make 
available to licensees, free of charge, a 
searchable electronic database of informa-
tion from which licensees can determine 
which musical works (or shares of musical 
works) are available for licensing under 
this subsection through that designated 
agent. Any musical work (or shares of a 
musical work) not identified as being rep-
resented by the General Designated Agent 
or any additional designated agent in any 
such database may be presumed by licens-
ees to be represented by the General Des-
ignated Agent. 
‘‘(ii) USE
OF
DATABASE
BY
DES-
IGNATED AGENTS AND LICENSEES.—Sub-
ject to the public access described under 
clause (iii), the database required by clause 
(i) may be used by designated agents and 
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licensees only for purposes of determining 
the identity and availability of musical 
works for licenses under this subsection, 
obtaining such licenses, reporting of use of 
musical works, payment of royalties, and 
otherwise to comply with licenses under 
this subsection, except that a designated 
agent may use or make the database it 
maintains available for other purposes re-
lating to musical works or music pub-
lishers. The Copyright Royalty Judges 
shall, in establishing cost-sharing amounts 
pursuant to paragraph (12), consider the 
value and benefit of any such other pur-
poses to the designated agent and the 
copyright owners it represents. The use of 
any such database shall be subject to rea-
sonable confidentiality and security stand-
ards prescribed in regulations to carry out 
this subsection. 
‘‘(iii) PUBLIC
ACCESS
TO
DATA-
BASE.—The General Designated Agent 
and each additional designated agent shall 
make relevant portions of the database re-
quired by clause (i) available free of charge 
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to the general public to access information 
concerning specific musical works that are 
represented by the designated agent, sub-
ject to reasonable terms and conditions of 
use as may be prescribed by the Register 
of Copyrights, taking into account reason-
able protection of proprietary data. 
‘‘(I) LETTERS OF DIRECTION.— 
‘‘(i) RECOUPMENT OF ADVANCE.— 
‘‘(I) LETTER
OF
DIRECTION.— 
Subject to subclauses (II), (III), (IV), 
and (V), a copyright owner may sub-
mit a letter of direction to a des-
ignated agent instructing the des-
ignated agent to pay royalties other-
wise payable to the copyright owner to 
the sound recording company in order 
to allow the sound recording company 
to recoup an advance payment made 
to the copyright owner under a con-
tract entered into between the copy-
right owner and the sound recording 
company. 
‘‘(II) CONTRACTS ENTERED INTO 
BEFORE
OCTOBER
1, 2006.—In the 
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