‘‘(E) FREE PROMOTIONAL USE.—The term 
‘free promotional use’ means the audio-only use 
of a musical work if— 
‘‘(i) with respect to the owner or ex-
clusive licensee of the sound recording that 
is authorizing the use, or, as applicable, 
the digital music provider making the use, 
the primary purpose of the use is to pro-
mote either the lawful sale or paid use of 
a sound recording embodying the musical 
work or other sound recordings by the 
same featured recording artist, or the paid 
use of a subscription service offering the 
sound recording, but the primary purpose 
is not to promote any other product, offer-
ing, or entity; 
‘‘(ii) the sound recording is made 
available to end users free of charge; 
‘‘(iii)(I) no cash or non-cash consider-
ation of any kind is received by the owner 
or exclusive licensee of the sound record-
ing, a digital music provider, third party 
distributor, or any other person, in connec-
tion with such use of the musical work or 
sound recording, except for— 
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‘‘(aa) the promotion of the lawful 
sale or paid use of the sound record-
ing or paid use of a subscription serv-
ice offering the sound recording; or 
‘‘(bb) the lawful collection of con-
tact information from end users to ac-
cess the work, either directly or 
through the third party user, solely 
for the purposes permitted by clause 
(i); and 
‘‘(II) the limited consideration per-
mitted under items (aa) and (bb) of sub-
clause (I) is not received in connection 
with, or used to support, any other prod-
uct, offering, or entity. 
‘‘(F) FULL
DOWNLOAD.—The term ‘full 
download’ means a digital phonorecord delivery 
of a sound recording of a musical work that is 
not limited in availability for listening by the 
end user either to a period of time or a number 
of times the sound recording can be played. 
‘‘(G) HYBRID OFFERING.—The term ‘hy-
brid offering’ means— 
‘‘(i) a reproduction or distribution of 
a phonorecord in physical form subject to 
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a compulsory license under this section if 
a digital transmission of data by or under 
the authority of the licensee is required to 
render the sound recording embodied on 
the phonorecord audible to the end user, or 
to enable the continued rendering of the 
sound recording audible after a finite pe-
riod of time or a specified number of times 
rendered; or 
‘‘(ii) a reproduction or distribution of 
a phonorecord subject to a compulsory li-
cense under this section that is custom- 
made by or under the authority of the li-
censee— 
‘‘(I) using a device located at a 
physical retail establishment based 
upon the specific request of an end 
user for distribution as a digital pho-
norecord delivery or in physical form 
to that end user at such retail estab-
lishment; or 
‘‘(II) based upon the specific re-
quest of an end user for distribution 
in physical form to that end user (or 
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the end user’s designee) through a 
mail order or private delivery service. 
‘‘(H) INTERACTIVE STREAM.— 
‘‘(i) IN GENERAL.—The term ‘inter-
active stream’ means an audio-only stream 
of a sound recording of a musical work 
that— 
‘‘(I) is made by an interactive 
service; 
‘‘(II) is made by a service if more 
than 7 percent of the programming of 
the service, on a per channel basis, as 
measured over a period of 168 hours 
of broadcasting, consists of— 
‘‘(aa) selections of sound re-
cordings from any single com-
mercially released phonorecord; 
or 
‘‘(bb) selections of sound re-
cordings by the same featured re-
cording artist, that are either 
played consecutively or constitute 
more than 50 percent of the pro-
gramming in any given hour, ex-
cept in unique and isolated cir-
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