H. R. 1551—50 
the rates and fees payable for the use of sound recordings under 
section 112(e) or 114(f) of such title that is pending on, or com-
menced on or after, the date of enactment of this Act. 
(f) DECISIONS AND PRECEDENTS NOT AFFECTED.—The repeal 
of section 114(i) of title 17, United States Code, by subsection 
(b) shall not have any effect upon the decisions, or the precedents 
established or relied upon, in any proceeding to set or adjust the 
rates and fees payable for the use of sound recordings under section 
112(e) or 114(f) of such title before the date of enactment of this 
Act. 
(g) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION 114.—Section 114(f) of title 17, United States 
Code, as amended by subsection (a), is further amended in 
paragraph (4)(C), as so redesignated, in the first sentence, 
by striking ‘‘under paragraph (4)’’ and inserting ‘‘under para-
graph (3)’’. 
(2) SECTION 801.—Section 801(b) of title 17, United States 
Code, is amended— 
(A) in paragraph (1), by striking ‘‘The rates applicable’’ 
and all that follows though ‘‘prevailing industry practices.’’; 
and 
(B) in paragraph (7)(B), by striking ‘‘114(f)(3)’’ and 
inserting ‘‘114(f)(2)’’. 
(3) SECTION
803.—Section 803(c)(2)(E)(i)(II) of title 17, 
United States Code, is amended— 
(A) by striking ‘‘or 114(f)(2)(C)’’; and 
(B) 
by 
striking 
‘‘114(f)(4)(B)’’ 
and 
inserting 
‘‘114(f)(3)(B)’’. 
(4) SECTION 804.—Section 804(b)(3)(C) of title 17, United 
States Code, is amended— 
(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’’. 
(h) EFFECTIVE DATE OF AMENDED RATE SETTING STANDARD.— 
The amendments made by subsection (a)(1) shall apply to any 
proceeding before the Copyright Royalty Judges that is commenced 
on or after the date of the enactment of this Act. 
(i) TIMING OF RATE DETERMINATIONS.—Section 804(b)(3)(B) of 
title 17, United States Code, is amended, in the third sentence, 
by inserting the following after ‘‘fifth calendar year’’: ‘‘, except 
that—(i) with respect to preexisting subscription services, the terms 
and rates finally determined for the rate period ending on December 
31, 2022, shall remain in effect through December 31, 2027, and 
there shall be no proceeding to determine terms and rates for 
preexisting subscription services for the period beginning on 
January 1, 2023, and ending on December 31, 2027; and’’ ‘‘(ii) 
with respect to pre-existing satellite digital audio radio services, 
the terms and rates set forth by the Copyright Royalty Judges 
on December 14, 2017, in their initial determination for the rate 
period ending on December 31, 2022, shall be in effect through 
December 31, 2027, without any change based on a rehearing 
under section 803(c)(2) and without the possibility of appeal under 
section 803(d), and there shall be no proceeding to determine terms 
and rates for preexisting satellite digital audio radio services for
H. R. 1551—51 
the period beginning on January 1, 2023, and ending on December 
31, 2027’’. 
SEC. 104. RANDOM ASSIGNMENT OF RATE COURT PROCEEDINGS. 
Section 137 of title 28, United States Code, is amended— 
(1) by striking ‘‘The business’’ and inserting ‘‘(a) IN GEN-
ERAL.—The business’’; and 
(2) by adding at the end the following: 
‘‘(b) RANDOM ASSIGNMENT OF RATE COURT PROCEEDINGS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DEFINITION.—In this paragraph, the term ‘per-
forming rights society’ has the meaning given the term 
in section 101 of title 17. 
‘‘(B) DETERMINATION OF LICENSE FEE.—Except as pro-
vided in subparagraph (C), in the case of any performing 
rights society subject to a consent decree, any application 
for the determination of a license fee for the public perform-
ance of music in accordance with the applicable consent 
decree shall be made in the district court with jurisdiction 
over that consent decree and randomly assigned to a judge 
of that district court according to the rules of that court 
for the division of business among district judges, provided 
that any such application shall not be assigned to— 
‘‘(i) a judge to whom continuing jurisdiction 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 proceeding con-
cerning an application for the determination of a 
reasonable license fee is assigned at the time of the 
filing of the application. 
‘‘(C) EXCEPTION.—Subparagraph (B) does not apply to 
an application to determine reasonable license fees made 
by individual proprietors 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 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 pro-
ceeding shall be stayed until the final determination of the 
construction application. Disputes in connection with a rate 
proceeding about whether a licensee is similarly situated to 
another licensee shall not be subject to referral to the judge 
with continuing jurisdiction over the applicable consent 
decree.’’. 
SEC. 105. PERFORMING RIGHTS SOCIETY CONSENT DECREES. 
(a) DEFINITION.—In this section, the term ‘‘performing rights 
society’’ has the meaning given the term in section 101 of title 
17, United States Code. 
(b) NOTIFICATION OF REVIEW.— 
(1) IN GENERAL.—The Department of Justice shall provide 
timely briefings upon request of any Member of the Committee 
on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives regarding the status
H. R. 1551—52 
of a review in progress of a consent decree between the United 
States and a performing rights society. 
(2) CONFIDENTIALITY
AND
DELIBERATIVE
PROCESS.—In 
accordance with applicable rules relating to confidentiality and 
agency deliberative process, the Department of Justice shall 
share with such Members of Congress detailed and timely 
information and pertinent documents related to the consent 
decree review. 
(c) ACTION BEFORE MOTION TO TERMINATE.— 
(1) IN GENERAL.—Before filing with the appropriate district 
court of the United States a motion to terminate a consent 
decree between the United States and a performing rights 
society, including a motion to terminate a consent decree after 
the passage of a specified period of time, the Department of 
Justice shall— 
(A) notify Members of Congress and committees of 
Congress described in subsection (b); and 
(B) provide to such Members of Congress and commit-
tees information regarding the impact of the proposed 
termination on the market for licensing the public perform-
ance of musical works should the motion be granted. 
(2) NOTIFICATION.— 
(A) IN GENERAL.—During the notification described in 
paragraph (1), and not later than a reasonable time before 
the date on which the Department of Justice files with 
the appropriate district court of the United States a motion 
to terminate a consent decree between the United States 
and a performing rights society, the Department of Justice 
should submit to the chairmen and ranking members of 
the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives 
a written notification of the intent of the Department of 
Justice to file the motion. 
(B) CONTENTS.—The notification provided in subpara-
graph (A) shall include a written report to the chairmen 
and ranking members of the Committee on the Judiciary 
of Senate and the Committee on the Judiciary of the House 
of Representatives setting forth— 
(i) an explanation of the process used by the 
Department of Justice to review the consent decree; 
(ii) a summary of the public comments received 
by the Department of Justice during the review by 
the Department; and 
(iii) other information provided to Congress under 
paragraph (1)(B). 
(d) SCOPE.—This section applies only to a consent decree 
between the United States and a performing rights society. 
SEC. 106. EFFECTIVE DATE. 
This title, and the amendments made by this title, shall take 
effect on the date of enactment of this Act.
H. R. 1551—53 
TITLE II—CLASSICS PROTECTION AND 
ACCESS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Classics Protection and Access 
Act’’. 
SEC. 202. UNAUTHORIZED USE OF PRE-1972 SOUND RECORDINGS. 
(a) PREEMPTION
OF
STATE
LAW
RIGHTS; PROTECTION
FOR 
UNAUTHORIZED USE.—Title 17, United States Code, is amended— 
(1) in section 301, by striking subsection (c) and inserting 
the following: 
‘‘(c) Notwithstanding the provisions of section 303, and in 
accordance with chapter 14, no sound recording fixed before Feb-
ruary 15, 1972, shall be subject to copyright under this title. With 
respect to sound recordings fixed before February 15, 1972, the 
preemptive provisions of subsection (a) shall apply to activities 
that are commenced on and after the date of enactment of the 
Classics Protection and Access Act. Nothing in this subsection may 
be construed to affirm or negate the preemption of rights and 
remedies pertaining to any cause of action arising from the non-
subscription broadcast transmission of sound recordings under the 
common law or statutes of any State for activities that do not 
qualify as covered activities under chapter 14 undertaken during 
the period between the date of enactment of the Classics Protection 
and Access Act and the date on which the term of prohibition 
on unauthorized acts under section 1401(a)(2) expires for such 
sound recordings. Any potential preemption of rights and remedies 
related to such activities undertaken during that period shall apply 
in all respects as it did the day before the date of enactment 
of the Classics Protection and Access Act.’’; and 
(2) by adding at the end the following: 
‘‘CHAPTER 14—UNAUTHORIZED USE OF PRE-1972 SOUND 
RECORDINGS 
‘‘Sec. 
‘‘1401. Unauthorized use of pre-1972 sound recordings. 
‘‘§ 1401. Unauthorized use of pre-1972 sound recordings 
‘‘(a) IN GENERAL.— 
‘‘(1) UNAUTHORIZED ACTS.—Anyone who, on or before the 
last day of the applicable transition period under paragraph 
(2), and without the consent of the rights owner, engages in 
covered activity with respect to a sound recording fixed before 
February 15, 1972, shall be subject to the remedies provided 
in sections 502 through 505 and 1203 to the same extent 
as an infringer of copyright or a person that engages in 
unauthorized activity under chapter 12. 
‘‘(2) TERM OF PROHIBITION.— 
‘‘(A) IN GENERAL.—The prohibition under paragraph 
(1)— 
‘‘(i) subject to clause (ii), shall apply to a sound 
recording described in that paragraph— 
‘‘(I) through December 31 of the year that 
is 95 years after the year of first publication; and
H. R. 1551—54 
‘‘(II) for a further transition period as pre-
scribed under subparagraph (B) of this paragraph; 
and 
‘‘(ii) shall not apply to any sound recording after 
February 15, 2067. 
‘‘(B) TRANSITION PERIODS.— 
‘‘(i) PRE-1923 RECORDINGS.—In the case of a sound 
recording first published before January 1, 1923, the 
transition period described in subparagraph (A)(i)(II) 
shall end on December 31 of the year that is 3 years 
after the date of enactment of this section. 
‘‘(ii) 1923–1946 RECORDINGS.—In the case of a 
sound recording first published during the period 
beginning on January 1, 1923, and ending on December 
31, 1946, the transition period described in subpara-
graph (A)(i)(II) shall end on the date that is 5 years 
after the last day of the period described in subpara-
graph (A)(i)(I). 
‘‘(iii) 1947–1956 RECORDINGS.—In the case of a 
sound recording first published during the period 
beginning on January 1, 1947, and ending on December 
31, 1956, the transition period described in subpara-
graph (A)(i)(II) shall end on the date that is 15 years 
after the last day of the period described in subpara-
graph (A)(i)(I). 
‘‘(iv) POST-1956
RECORDINGS.—In the case of a 
sound recording fixed before February 15, 1972, that 
is not described in clause (i), (ii), or (iii), the transition 
period described in subparagraph (A)(i)(II) shall end 
on February 15, 2067. 
‘‘(3) RULE
OF
CONSTRUCTION.—For the purposes of this 
subsection, the term ‘anyone’ includes any State, any 
instrumentality of a State, and any officer or employee of 
a State or instrumentality of a State acting in the official 
capacity of the officer or employee, as applicable. 
‘‘(b) CERTAIN
AUTHORIZED
TRANSMISSIONS
AND
REPRODUC-
TIONS.—A public performance by means of a digital audio trans-
mission of a sound recording fixed before February 15, 1972, or 
a reproduction in an ephemeral phonorecord or copy of a sound 
recording fixed 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— 
‘‘(1) the transmission or reproduction would satisfy the 
requirements for statutory licensing under section 112(e)(1) 
or section 114(d)(2), or would be exempt under section 114(d)(1), 
as the case may be, if the sound recording were fixed on 
or after February 15, 1972; and 
‘‘(2) the transmitting entity pays the statutory royalty for 
the transmission or reproduction pursuant to the rates and 
terms adopted under sections 112(e) and 114(f), and complies 
with other obligations, in the same manner as required by 
regulations adopted by the Copyright Royalty Judges under 
sections 112(e) and 114(f) for sound recordings that are fixed 
on or after February 15, 1972, except in the case of a trans-
mission that would be exempt under section 114(d)(1). 
‘‘(c) CERTAIN NONCOMMERCIAL USES
OF SOUND RECORDINGS 
THAT ARE NOT BEING COMMERCIALLY EXPLOITED.—
H. R. 1551—55 
‘‘(1) IN GENERAL.—Noncommercial use of a sound recording 
fixed before February 15, 1972, that is not being commercially 
exploited by or under the authority of the rights owner shall 
not violate subsection (a) if— 
‘‘(A) the person engaging in the noncommercial use, 
in order to determine whether the sound recording is being 
commercially exploited by or under the authority of the 
rights owner, makes a good faith, reasonable search for, 
but does not find, the sound recording— 
‘‘(i) in the records of schedules filed in the Copy-
right Office as described in subsection (f)(5)(A); and 
‘‘(ii) on services offering a comprehensive set of 
sound recordings for sale or streaming; 
‘‘(B) the person engaging in the noncommercial use 
files a notice identifying the sound recording and the nature 
of the use in the Copyright Office in accordance with the 
regulations issued under paragraph (3)(B); and 
‘‘(C) during the 90-day period beginning on the date 
on which the notice described in subparagraph (B) is 
indexed into the public records of the Copyright Office, 
the rights owner of the sound recording does not, in its 
discretion, opt out of the noncommercial use by filing notice 
thereof in the Copyright Office in accordance with the 
regulations issued under paragraph (5). 
‘‘(2) RULES OF CONSTRUCTION.—For purposes of this sub-
section— 
‘‘(A) merely recovering costs of production and distribu-
tion of a sound recording resulting from a use otherwise 
permitted under this subsection does not itself necessarily 
constitute a commercial use of the sound recording; 
‘‘(B) the fact that a person engaging in the use of 
a sound recording also engages in commercial activities 
does not itself necessarily render the use commercial; and 
‘‘(C) the fact that a person files notice of a noncommer-
cial use of a sound recording in accordance with the regula-
tions issued under paragraph (3)(B) does not itself affect 
any limitation on the exclusive rights of a copyright owner 
described in section 107, 108, 109, 110, or 112(f) as applied 
to a claim under subsection (a) of this section pursuant 
to subsection (f)(1)(A) of this section. 
‘‘(3) NOTICE
OF
COVERED
ACTIVITY.—Not later than 180 
days after the date of enactment of this section, the Register 
of Copyrights shall issue regulations that— 
‘‘(A) provide specific, reasonable steps that, if taken 
by a filer, are sufficient to constitute a good faith, reason-
able search under paragraph (1)(A) to determine whether 
a recording is being commercially exploited, including the 
services that satisfy the good faith, reasonable search 
requirement under paragraph (1)(A) for purposes of the 
safe harbor described in paragraph (4)(A); and 
‘‘(B) establish the form, content, and procedures for 
the filing of notices under paragraph (1)(B). 
‘‘(4) SAFE HARBOR.— 
‘‘(A) IN GENERAL.—A person engaging in a noncommer-
cial use of a sound recording otherwise permitted under 
this subsection who establishes that the person made a
H. R. 1551—56 
good faith, reasonable search under paragraph (1)(A) with-
out finding commercial exploitation of the sound recording 
by or under the authority of the rights owner shall not 
be found to be in violation of subsection (a). 
‘‘(B) STEPS SUFFICIENT BUT NOT NECESSARY.—Taking 
the specific, reasonable steps identified by the Register 
of Copyrights in the regulations issued under paragraph 
(3)(A) shall be sufficient, but not necessary, for a filer 
to satisfy the requirement to conduct a good faith, reason-
able search under paragraph (1)(A) for purposes of subpara-
graph (A) of this paragraph. 
‘‘(5) OPTING OUT OF COVERED ACTIVITY.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, the Register of Copyrights 
shall issue regulations establishing the form, content, and 
procedures for the rights owner of a sound recording that 
is the subject of a notice under paragraph (1)(B) to, in 
its discretion, file notice opting out of the covered activity 
described in the notice under paragraph (1)(B) during the 
90-day period beginning on the date on which the notice 
under paragraph (1)(B) is indexed into the public records 
of the Copyright Office. 
‘‘(B) RULE OF CONSTRUCTION.—The fact that a rights 
holder opts out of a noncommercial use of a sound recording 
by filing notice thereof in the Copyright Office in accordance 
with the regulations issued under subparagraph (A) does 
not itself enlarge or diminish any limitation on the exclu-
sive rights of a copyright owner described in section 107, 
108, 109, 110, or 112(f) as applied to a claim under sub-
section (a) of this section pursuant to subsection (f)(1)(A) 
of this section. 
‘‘(6) CIVIL PENALTIES FOR CERTAIN ACTS.— 
‘‘(A) FILING
OF
NOTICES
OF
NONCOMMERCIAL
USE.— 
Any person who willfully engages in a pattern or practice 
of filing a notice of noncommercial use of a sound recording 
as described in paragraph (1)(B) fraudulently describing 
the use proposed, or knowing that the use proposed is 
not permitted under this subsection, shall be assessed a 
civil penalty in an amount that is not less than $250, 
and not more than $1000, for each such notice, in addition 
to any other remedies that may be available under this 
title based on the actual use made. 
‘‘(B) FILING OF OPT-OUT NOTICES.— 
‘‘(i) IN GENERAL.—Any person who files an opt- 
out notice as described in paragraph (1)(C), knowing 
that the person is not the rights owner or authorized 
to act on behalf of the rights owner of the sound 
recording to which the notice pertains, shall be 
assessed a civil penalty in an amount not less than 
$250, and not more than $1,000, for each such notice. 
‘‘(ii) PATTERN
OR
PRACTICE.—Any person who 
engages in a pattern or practice of making filings as 
described in clause (i) shall be assessed a civil penalty 
in an amount not less than $10,000 for each such 
filing. 
‘‘(C) DEFINITION.—For purposes of this paragraph, the 
term ‘knowing’—
H. R. 1551—57 
‘‘(i) does not require specific intent to defraud; 
and 
‘‘(ii) with respect to information about ownership 
of the sound recording in question, means that the 
person— 
‘‘(I) has actual knowledge of the information; 
‘‘(II) acts in deliberate ignorance of the truth 
or falsity of the information; or 
‘‘(III) acts in grossly negligent disregard of 
the truth or falsity of the information. 
‘‘(d) PAYMENT OF ROYALTIES FOR TRANSMISSIONS OF PERFORM-
ANCES BY DIRECT LICENSING OF STATUTORY SERVICES.— 
‘‘(1) IN GENERAL.—A public performance by means of a 
digital audio transmission of a sound recording fixed 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 the transmission is made pursuant to a 
license agreement voluntarily negotiated at any time between 
the rights owner and the entity performing the sound recording. 
‘‘(2) PAYMENT
OF
ROYALTIES
TO
NONPROFIT
COLLECTIVE 
UNDER CERTAIN LICENSE AGREEMENTS.— 
‘‘(A) LICENSES ENTERED INTO ON OR AFTER DATE OF 
ENACTMENT.—To the extent that a license agreement 
described in paragraph (1) entered into on or after the 
date of enactment of this section extends to a public 
performance by means of a digital audio transmission of 
a sound recording fixed before February 15, 1972, that 
meets the conditions of subsection (b)— 
‘‘(i) the licensee shall, with respect to such trans-
mission, pay to the collective designated to distribute 
receipts from the licensing of transmissions in accord-
ance with section 114(f), 50 percent of the performance 
royalties for that transmission due under the license; 
and 
‘‘(ii) the royalties paid under clause (i) shall be 
fully credited as payments due under the license. 
‘‘(B) CERTAIN
AGREEMENTS
ENTERED
INTO
BEFORE 
ENACTMENT.—To the extent that a license agreement 
described in paragraph (1), entered into during the period 
beginning on January 1 of the year in which this section 
is enacted and ending on the day before the date of enact-
ment of this section, or a settlement agreement with a 
preexisting satellite digital audio radio service (as defined 
in section 114(j)) entered into during the period beginning 
on January 1, 2015, and ending on the day before the 
date of enactment of this section, extends to a public 
performance by means of a digital audio transmission of 
a sound recording fixed before February 15, 1972, that 
meets the conditions of subsection (b)— 
‘‘(i) the rights owner shall, with respect to such 
transmission, pay to the collective designated to dis-
tribute receipts from the licensing of transmissions 
in accordance with section 114(f) an amount that is 
equal to the difference between— 
‘‘(I) 50 percent of the difference between— 
‘‘(aa) the rights owner’s total gross 
performance royalty fee receipts or settlement
H. R. 1551—58 
monies received for all such transmissions cov-
ered under the license or settlement agree-
ment, as applicable; and 
‘‘(bb) the rights owner’s total payments 
for outside legal expenses, including any pay-
ments of third-party claims, that are directly 
attributable to the license or settlement agree-
ment, as applicable; and 
‘‘(II) the amount of any royalty receipts or 
settlement monies under the agreement that are 
distributed by the rights owner to featured and 
nonfeatured artists before the date of enactment 
of this section; and 
‘‘(ii) the royalties paid under clause (i) shall be 
fully credited as payments due under the license or 
settlement agreement, as applicable. 
‘‘(3) DISTRIBUTION OF ROYALTIES AND SETTLEMENT MONIES 
BY COLLECTIVE.—The collective described in paragraph (2) shall, 
in accordance with subparagraphs (B) through (D) of section 
114(g)(2), and paragraphs (5) and (6) of section 114(g), dis-
tribute the royalties or settlement monies received under para-
graph (2) under a license or settlement described in paragraph 
(2), which shall be the only payments to which featured and 
nonfeatured artists are entitled by virtue of the transmissions 
described in paragraph (2), except for settlement monies 
described in paragraph (2) that are distributed by the rights 
owner to featured and nonfeatured artists before the date of 
enactment of this section. 
‘‘(4) PAYMENT OF ROYALTIES UNDER LICENSE AGREEMENTS 
ENTERED BEFORE ENACTMENT OR NOT OTHERWISE DESCRIBED 
IN PARAGRAPH (2).— 
‘‘(A) IN GENERAL.—To the extent that a license agree-
ment described in paragraph (1) entered into before the 
date of enactment of this section, or any other license 
agreement not as described in paragraph (2), extends to 
a public performance by means of a digital audio trans-
mission of a sound recording fixed before February 15, 
1972, that meets the conditions of subsection (b), the pay-
ments made by the licensee pursuant to the license shall 
be made in accordance with the agreement. 
‘‘(B) ADDITIONAL
PAYMENTS
NOT
REQUIRED.—To the 
extent that a licensee has made, or will make in the future, 
payments pursuant to a license as described in subpara-
graph (A), the provisions of paragraphs (2) and (3) shall 
not require any additional payments from, or additional 
financial obligations on the part of, the licensee. 
‘‘(C) RULE
OF
CONSTRUCTION.—Nothing in this sub-
section may be construed to prohibit the collective des-
ignated to distribute receipts from the licensing of trans-
missions in accordance with section 114(f) from admin-
istering royalty payments under any license not described 
in paragraph (2). 
‘‘(e) PREEMPTION WITH RESPECT TO CERTAIN PAST ACTS.— 
‘‘(1) IN
GENERAL.—This section preempts any claim of 
common law copyright or equivalent right under the laws of