131 
(A) in clause (i), by striking ‘‘and 
114(f)(2)(C)’’; 
(B) 
in 
clause 
(iii)(II), 
by 
striking 
‘‘114(f)(4)(B)(ii)’’ 
and 
inserting 
‘‘114(f)(3)(B)(ii)’’; and 
(C) in clause (iv), by striking ‘‘or 
114(f)(2)(C), as the case may be’’. 
SEC. 104. RANDOM ASSIGNMENT OF RATE COURT PRO-
CEEDINGS. 
Section 137 of title 28, United States Code, is 
amended— 
(1) by striking ‘‘The business’’ and inserting 
‘‘(A) IN GENERAL. The business’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RANDOM ASSIGNMENT OF RATE COURT PRO-
CEEDINGS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DETERMINATION OF LICENSE FEE.— 
Except as provided in subparagraph (B), in the 
case of any performing rights society subject to 
a consent decree, any application for the deter-
mination of a license fee for the public perform-
ance of music in accordance with the applicable 
consent decree shall be made in the district 
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132 
court with jurisdiction over that consent decree 
and randomly assigned to a judge of that dis-
trict court according to that court’s rules for 
the division of business among district judges 
currently in effect or as may be amended from 
time to time, provided that any such application 
shall not be assigned to— 
‘‘(i) a judge to whom continuing juris-
diction over any performing rights society 
for any performing rights society consent 
decree is assigned or has previously been 
assigned; or 
‘‘(ii) a judge to whom another pro-
ceeding concerning an application for the 
determination of a reasonable license fee is 
assigned at the time of the filing of the ap-
plication. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not apply to an application to determine 
reasonable license fees made by individual pro-
prietors under section 513 of title 17. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall modify the rights of any party 
to a consent decree or to a proceeding to determine 
reasonable license fees, to make an application for 
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133 
the construction of any provision of the applicable 
consent decree. Such application shall be referred to 
the judge to whom continuing jurisdiction over the 
applicable consent decree is currently assigned. If 
any such application is made in connection with a 
rate proceeding, such rate proceeding shall be stayed 
until the final determination of the construction ap-
plication. Disputes in connection with a rate pro-
ceeding about whether a licensee is similarly situated 
to another licensee shall not be subject to referral to 
the judge with continuing jurisdiction over the appli-
cable consent decree.’’. 
TITLE II—COMPENSATING LEG-
ACY 
ARTISTS 
FOR 
THEIR 
SONGS, SERVICE, AND IMPOR-
TANT CONTRIBUTIONS TO SO-
CIETY 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Compensating Legacy 
Artists for their Songs, Service, and Important Contribu-
tions to Society Act’’ or the ‘‘CLASSICS Act’’. 
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134 
SEC. 202. UNAUTHORIZED DIGITAL PERFORMANCE OF PRE- 
1972 SOUND RECORDINGS. 
(a) PROTECTION FOR UNAUTHORIZED DIGITAL PER-
FORMANCES.—Title 17, United States Code, is amended 
by adding at the end the following new chapter: 
‘‘CHAPTER 14—UNAUTHORIZED DIGITAL 
PERFORMANCE OF PRE-1972 SOUND 
RECORDINGS 
‘‘Sec. 
‘‘1401. Unauthorized digital performance of pre-1972 sound recordings. 
‘‘§ 1401. Unauthorized digital performance of pre- 
1972 sound recordings 
‘‘(a) UNAUTHORIZED ACTS.—Anyone who, before 
February 15, 2067, and without the consent of the rights 
owner, performs publicly, by means of a digital audio 
transmission, a sound recording fixed on or after January 
1, 1923, and before February 15, 1972, shall be subject 
to the remedies provided in sections 502 through 505 to 
the same extent as an infringer of copyright. 
‘‘(b) CERTAIN
AUTHORIZED
TRANSMISSIONS.—A 
digital audio transmission of a sound recording fixed on 
or after January 1, 1923, and before February 15, 1972, 
shall, for purposes of subsection (a), be considered to be 
authorized and made with the consent of the rights owner 
if— 
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135 
‘‘(1) the transmission is made by a transmitting 
entity that is publicly performing sound recordings 
fixed on or after February 15, 1972, by means of 
digital audio transmissions subject to section 114; 
‘‘(2) the transmission would satisfy the require-
ments 
for 
statutory 
licensing 
under 
section 
114(d)(2), or would be exempt under section 
114(d)(1), if the sound recording were fixed on or 
after February 15, 1972; 
‘‘(3) in the case of a transmission that would 
not be exempt under section 114(d)(1) as described 
in paragraph (2), the transmitting entity pays statu-
tory royalties and provides notice of its use of the 
relevant sound recordings in the same manner as is 
required by regulations adopted by the Copyright 
Royalty Judges for sound recordings fixed on or 
after February 15, 1972; and 
‘‘(4) in the case of a transmission that would 
not be exempt under section 114(d)(1) as described 
in paragraph (2), the transmitting entity otherwise 
satisfies the requirements for statutory licensing 
under section 114(f)(4)(B). 
‘‘(c) TRANSMISSIONS
BY DIRECT LICENSING
OF 
STATUTORY SERVICES.— 
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136 
‘‘(1) IN GENERAL.—A transmission of a sound 
recording fixed on or after January 1, 1923, and be-
fore February 15, 1972, shall, for purposes of sub-
section (a), be considered to be authorized and made 
with the consent of the rights owner if such trans-
mission is included in a license agreement volun-
tarily negotiated at any time between the rights 
owner and the entity performing the sound record-
ing. 
‘‘(2) PAYMENT OF ROYALTIES TO NONPROFIT 
COLLECTIVE.—To the extent that such a license 
agreement entered into on or after the date of the 
enactment of this section extends to digital audio 
transmissions of a sound recording fixed on or after 
January 1, 1923, and before February 15, 1972, 
that meet the conditions of subsection (b), the li-
censee shall pay, to the collective designated to dis-
tribute receipts from the licensing of transmissions 
in accordance with section 114(f), 50 percent of the 
performance royalties for the transmissions due 
under the license, with such royalties fully credited 
as payments due under the license. 
‘‘(3) DISTRIBUTION OF ROYALTIES BY COLLEC-
TIVE.—The collective described in paragraph (2) 
shall, in accordance with subparagraphs (B) through 
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