SEC. 2. ESTABLISHMENT OF DATABASE FOR NONDRAMATIC 
MUSICAL WORKS AND SOUND RECORDINGS. 
(a) NONDRAMATIC MUSICAL WORKS AND SOUND RE-
CORDINGS DATABASE.—Chapter 7 of title 17, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 711. Nondramatic musical works and sound re-
cordings database 
‘‘(a) ESTABLISHMENT
AND
MAINTENANCE.—The 
Register of Copyrights shall establish and maintain an in-
formational database of nondramatic musical works and 
sound recordings subject to protection under this title. 
‘‘(b) CONTENTS.—The database established under 
subsection (a) shall include, at a minimum, for each non-
dramatic musical work and sound recording subject to 
protection under this title, the following information: 
‘‘(1) The title. 
‘‘(2) The copyright registration date, if any. 
‘‘(3) An identification of each owner of the 
copyright of the work or recording. 
‘‘(4) An identification of any entity, including a 
performing rights society, music publisher, or record 
label, through which the work or recording may be 
licensed. 
‘‘(5) The international standard musical work 
code or the international standard recording code. 
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‘‘(6) The name of each recording artist featured 
on the work or recording. 
‘‘(7) Each album title containing the work or 
recording. 
‘‘(8) Each catalog number and each label name 
used on phonorecords of the work made and distrib-
uted to the public. 
‘‘(9) Any other information the Register of 
Copyrights determines to be appropriate or nec-
essary. 
‘‘(c) ACCESSIBILITY.—The Register of Copyrights 
shall make the database established under subsection (a) 
publicly available, in its entirety, without charge, in a for-
mat that reflects current technological practices. The Reg-
ister of Copyrights may revise and update the technical 
requirements of the database as necessary to ensure con-
tinued accessibility. 
‘‘(d) LIMITATION ON REMEDIES.— 
‘‘(1) IN
GENERAL.—Notwithstanding sections 
502 through 506, in an action brought under this 
title for infringement of the exclusive right to per-
form publicly, reproduce, or distribute a nondra-
matic musical work or sound recording, the remedies 
available to a copyright owner that has failed to pro-
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vide or maintain the information described in sub-
section (b) shall be limited to— 
‘‘(A) an order requiring the infringer to 
pay to the copyright owner actual damages for 
the public performance, reproduction, or dis-
tribution of the infringed work; and 
‘‘(B) injunctive relief to prevent or restrain 
any infringement alleged in the civil action. 
‘‘(2) RELIANCE ON DATABASE INFORMATION.— 
In an action described in paragraph (1), any relief 
granted by the court shall, to the extent practicable, 
account for the reliance of an infringer on any infor-
mation included in the database established under 
subsection (a). 
‘‘(3) APPLICABILITY.—The limitation described 
in paragraph (1) only applies to an action brought 
against the following: 
‘‘(A) An establishment. 
‘‘(B) A food service or drinking establish-
ment. 
‘‘(C) A terrestrial broadcast station li-
censed as such by the Federal Communications 
Commission. 
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‘‘(D) An entity operating under one of the 
statutory licenses described in section 112, 114, 
or 115. 
‘‘(E) An entity performing publicly, repro-
ducing, or distributing musical works or sound 
recordings in good faith as demonstrated by evi-
dence such as a license agreement in good 
standing with a performing rights society or 
other entity authorized to license the use of mu-
sical works or sound recordings. 
‘‘(e) INITIAL
TECHNICAL
REQUIREMENTS.—The 
Register of Copyrights shall adopt technical requirements, 
subject to public notice and comment and a 90-day trial 
period, in the establishment of the database described 
under subsection (a), that ensures the database meets the 
following requirements: 
‘‘(1) Publicly available from a website main-
tained by the Copyright Office and hosted from the 
copyright.gov domain. 
‘‘(2) Accessible, in a machine-readable format, 
through both real-time and bulk application pro-
gramming interfaces. 
‘‘(3) Searchable through the website described 
in paragraph (1) and the application programming 
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interfaces described in paragraph (2) by the infor-
mation required under subsection (b). 
‘‘(4) Exportable in its entirety to non-propri-
etary document formats compatible with standard 
spreadsheet programs, Extensible Markup Lan-
guage, and such other formats as may be deter-
mined by the Register. 
‘‘(f) WORKING GROUP.— 
‘‘(1) ESTABLISHMENT.—Not later than 45 days 
after the date of the enactment of this section, the 
Register of Copyrights shall establish a working 
group of technical experts representing a wide range 
of stakeholders to identify, report, and recommend 
performance objectives, technical capabilities, and 
technical standards for the database established 
under subsection (a), including meeting the initial 
requirements described in subsection (e). 
‘‘(2) APPOINTMENT
OF
MEMBERS.—The Li-
brarian of Congress, in consultation with the Reg-
ister of Copyrights, shall appoint the members of the 
working group, who shall be individuals or organiza-
tions representing, in equal parts, owners and 
licensors of copyrighted works, users and licensees of 
copyrighted works, and consumers and public inter-
est entities. 
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‘‘(3) REPORT
REQUIRED.—Not later than 9 
months after the date of the enactment of this sec-
tion, the working group shall submit to the Register 
of Copyrights a report on the activities and rec-
ommendations of the working group described in 
paragraph (1). Not later than 14 days after receipt 
of the report, the Register of Copyrights shall make 
the report and recommendations of the working 
group subject to public notice and comment. 
‘‘(4) COPYRIGHT
OFFICE
ASSISTANCE.—The 
Register of Copyrights may appoint an employee of 
the Copyright Office— 
‘‘(A) to moderate and direct the work of 
the working group under this subsection; and 
‘‘(B) to provide technical assistance to 
members of the working group, as appropriate. 
‘‘(5) INITIAL MEETING.—The initial meeting of 
the working group shall take place not later than 90 
days after the date of the enactment of this section. 
‘‘(g) TECHNICAL REVIEW AND UPDATES.—Not later 
than 3 years after the establishment of the database de-
scribed in subsection (a), and every 3 years thereafter, the 
Register of Copyrights shall review the technical capabili-
ties of the database and make any necessary revisions. In 
conducting the review, the Register shall establish a work-
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ing group subject to the requirements described in sub-
section (f). Any updates to the technical capabilities of the 
database shall be subject to public notice and comment 
and a 90-day trial period.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 7 of title 17, United States Code, is amended 
by adding at the end the following new item: 
‘‘711. Nondramatic musical works and sound recordings database.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 18 months after the date of 
the enactment of this Act. 
Æ 
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