‘‘(ii) the retransmission is simulta-
neous with the licensed transmission, au-
thorized by the transmitter, and limited to
that particular member of the public in-
tended by the interactive service to be the
recipient of the transmission.
‘‘(E) For the purposes of this paragraph—
‘‘(i) a ‘licensor’ shall include the licens-
ing entity and any other entity under any
material degree of common ownership, man-
agement, or control that owns copyrights in
sound recordings; and
‘‘(ii) a ‘performing rights society’ is an
association or corporation that licenses the
public performance of nondramatic musical
works on behalf of the copyright owner, such
as the American Society of Composers, Au-
thors and Publishers, Broadcast Music, Inc.,
and SESAC, Inc.
‘‘(4) RIGHTS NOT OTHERWISE LIMITED.—
‘‘(A) Except as expressly provided in this
section, this section does not limit or impair the
exclusive right to perform a sound recording
publicly by means of a digital audio trans-
mission under section 106(6).
‘‘(B) Nothing in this section annuls or lim-
its in any way—
‘‘(i) the exclusive right to publicly per-
form a musical work, including by means of
a digital audio transmission, under section
106(4);
‘‘(ii) the exclusive rights in a sound re-
cording or the musical work embodied there-
in under sections 106(1), 106(2) and
106(3); or
‘‘(iii) any other rights under any other
clause of section 106, or remedies available
under this title, as such rights or remedies
exist either before or after the date of enact-
ment of the Digital Performance Right in
Sound Recordings Act of 1995.
‘‘(C) Any limitations in this section on the
exclusive right under section 106(6) apply only
to the exclusive right under section 106(6) and
not to any other exclusive rights under section
106. Nothing in this section shall be construed to
annul, limit, impair or otherwise affect in any
way the ability of the owner of a copyright in
a sound recording to exercise the rights under
sections 106(1), 106(2) and 106(3), or to obtain
the remedies available under this title pursuant
to such rights, as such rights and remedies exist
either before or after the date of enactment of the
Digital Performance Right in Sound Recordings
Act of 1995.’’; and
(4) by adding after subsection (d) the following:
‘‘(e) AUTHORITY FOR NEGOTIATIONS.—
‘‘(1) Notwithstanding any provision of the anti-
trust laws, in negotiating statutory licenses in accord-
ance with subsection (f), any copyright owners of
sound recordings and any entities performing sound
recordings affected by this section may negotiate and
agree upon the royalty rates and license terms and
conditions for the performance of such sound record-
ings and the proportionate division of fees paid
among copyright owners, and may designate common
agents on a nonexclusive basis to negotiate, agree to,
pay, or receive payments.
‘‘(2) For licenses granted under section 106(6),
other than statutory licenses, such as for performances
by interactive services or performances that exceed the
sound recording performance complement—
‘‘(A) copyright owners of sound recordings
affected by this section may designate common
agents to act on their behalf to grant licenses and
receive and remit royalty payments: Provided,
That each copyright owner shall establish the
royalty rates and material license terms and
conditions unilaterally, that is, not in agree-
ment, combination, or concert with other copy-
right owners of sound recordings; and
‘‘(B) entities performing sound recordings
affected by this section may designate common
agents to act on their behalf to obtain licenses
and collect and pay royalty fees: Provided, That
each entity performing sound recordings shall
determine the royalty rates and material license
terms and conditions unilaterally, that is, not in
agreement, combination, or concert with other
entities performing sound recordings.
‘‘(f) LICENSES
FOR
NONEXEMPT
SUBSCRIPTION
TRANSMISSIONS.—
‘‘(1) No later than 30 days after the enactment
of the Digital Performance Right in Sound Record-
ings Act of 1995, the Librarian of Congress shall
cause notice to be published in the Federal Register
of the initiation of voluntary negotiation proceedings
for the purpose of determining reasonable terms and
rates of royalty payments for the activities specified
by subsection (d)(2) of this section during the period
beginning on the effective date of such Act and ending
on December 31, 2000. Such terms and rates shall
distinguish among the different types of digital audio
transmission services then in operation. Any copy-
right owners of sound recordings or any entities per-
forming sound recordings affected by this section may
submit to the Librarian of Congress licenses covering
such activities with respect to such sound recordings.
The parties to each negotiation proceeding shall bear
their own costs.
‘‘(2) In the absence of license agreements nego-
tiated under paragraph (1), during the 60-day period
commencing 6 months after publication of the notice
specified in paragraph (1), and upon the filing of a
petition in accordance with section 803(a)(1), the Li-
brarian of Congress shall, pursuant to chapter 8, con-
vene a copyright arbitration royalty panel to deter-
mine and publish in the Federal Register a schedule
of rates and terms which, subject to paragraph (3),
shall be binding on all copyright owners of sound re-
cordings and entities performing sound recordings. In
addition to the objectives set forth in section
801(b)(1), in establishing such rates and terms, the
copyright arbitration royalty panel may consider the
rates and terms for comparable types of digital audio
transmission services and comparable circumstances
under voluntary license agreements negotiated as pro-
vided in paragraph (1). The Librarian of Congress
shall also establish requirements by which copyright
owners may receive reasonable notice of the use of
their sound recordings under this section, and under
which records of such use shall be kept and made
available by entities performing sound recordings.
‘‘(3) License agreements voluntarily negotiated
at any time between one or more copyright owners of
sound recordings and one or more entities performing
sound recordings shall be given effect in lieu of any
determination by a copyright arbitration royalty
panel or decision by the Librarian of Congress.
‘‘(4)(A) Publication of a notice of the initiation
of voluntary negotiation proceedings as specified in
paragraph (1) shall be repeated, in accordance with
regulations that the Librarian of Congress shall pre-
scribe—
‘‘(i) no later than 30 days after a petition
is filed by any copyright owners of sound record-
ings or any entities performing sound recordings
affected by this section indicating that a new
type of digital audio transmission service on