Platform Equality and Remedies for Right Holders in Music Act of 2006 or the Perform Act of 2006 - Requires Copyright Royalty Judges (CRJs) to establish rates for a statutory license for the transmission of sound recordings by organizations that most clearly represent the fair market value of the rights licensed.
Replaces the different processes for setting rates and terms of royalty payments for subscription transmissions by preexisting subscription services, satellite digital radio services, and eligible nonsubscription transmission services with one process for all such transmissions. Directs CRJs, when setting such rates and terms, to consider: (1) the fair market value of the rights licensed; and (2) the degree to which reasonable recording affects the potential market for sound recordings and the additional fees that are required to be paid by services for compensation.
Conditions statutory licensing of transmissions on the transmitting entity using technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording. (Current law provides for limits on phonorecords of the transmission directly in a digital format.)
Allows a performing rights society or a mechanical rights organization to monitor public performances or other uses of copyrighted works contained in transmissions.
Requires the Register of Copyrights to convene a meeting among affected parties to discuss whether to recommend creating a new category of limited interactive services within certain statutory licenses for subscription transmissions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5361 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5361
To harmonize rate setting standards for copyright licenses under
sections 112 and 114 of title 17, United States Code, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2006
Mr. Berman (for himself and Mrs. Bono) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To harmonize rate setting standards for copyright licenses under
sections 112 and 114 of title 17, United States Code, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Platform Equality and Remedies for
Rights Holders in Music Act of 2006'' or the ``Perform Act of 2006'' .
SEC. 2. RATE SETTING STANDARDS.
(a) Section 112 Licenses.--Section 112(e)(4) of title 17, United
States Code, is amended in the third sentence by striking ``fees that
would have been negotiated in the marketplace between a willing buyer
and a willing seller'' and inserting ``the fair market value of the
rights licensed under this subsection''.
(b) Section 114 Licenses.--Section 114(f) of title 17, United
States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (1), (2), (3), and (4), respectively; and
(3) in paragraph (1) (as redesignated under this
subsection)--
(A) in subparagraph (A), by striking all after
``Proceedings'' and inserting ``under chapter 8 shall
determine reasonable rates and terms of royalty
payments for eligible transmissions during the 5-year
period beginning on January 1 of the second year
following the year in which the proceedings are to be
commenced, and on January 1 of every 5-year period
thereafter, except when a different transitional period
is provided under section 6(b)(3) of the Copyright
Royalty and Distribution Reform Act of 2004, or such
other period as the parties may agree.'';
(B) in subparagraph (B)--
(i) in the first sentence, by striking
``affected by this paragraph'' and inserting
``under this section'';
(ii) in the second sentence, by striking
``nonsubscription''; and
(iii) in the third sentence--
(I) by striking ``transmissions by
eligible nonsubscription services and
new subscription'' and inserting
``eligible transmission''; and
(II) by striking ``rates and terms
that would have been negotiated in the
marketplace between a willing buyer and
a willing seller'' and inserting ``the
fair market value of the rights
licensed under this section'';
(iv) in the fourth sentence, by striking
``base its'' and inserting ``base their'';
(v) in clause (i), by striking ``and''
after the semicolon;
(vi) in clause (ii), by striking the period
and inserting ``; and'';
(vii) by inserting after clause (ii) the
following:
``(iii) the degree to which reasonable
recording affects the potential market for
sound recordings, and the additional fees that
are required to be paid by services for
compensation.''; and
(viii) in the matter following clause (ii),
by striking ``described in subparagraph (A)'';
and
(C) by striking subparagraph (C) and inserting the
following:
``(C) The procedures under subparagraphs (A) and (B) shall
also be initiated pursuant to a petition filed by any copyright
owners of sound recordings or any transmitting entity
indicating that a new type of service on which sound recordings
are performed is or is about to become operational, for the
purpose of determining reasonable terms and rates of royalty
payments with respect to that new type of service for the
period beginning with the inception of such new type of service
and ending on the date on which the royalty rates and terms for
preexisting subscription services, eligible nonsubscription
services, or new subscription services, as the case may be,
most recently determined under subparagraph (A) or (B) and
chapter 8 expire, or such other period as the parties may
agree.
``(D) In this paragraph, the term `eligible transmission'
means--
``(i) subscription transmissions by preexisting
subscription services;
``(ii) subscription transmissions by preexisting
satellite digital audio radio services;
``(iii) eligible nonsubscription transmissions; and
``(iv) transmissions by new subscription
services.''.
(c) Content Protection.--Section 114(d)(2) of title 17, United
States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by adding ``and'' after the
semicolon; and
(C) by adding after clause (iii) the following:
``(iv) the transmitting entity takes no
affirmative steps to authorize, enable, cause,
or induce the making of a copy or phonorecord
by or for the transmission recipient and uses
technology that is reasonably available,
technologically feasible, and economically
reasonable to prevent the making of copies or
phonorecords embodying the transmission, in
whole or in part, except for reasonable
recording as defined in subsection (j)(10);'';
(2) in subparagraph (C)--
(A) by striking clause (vi); and
(B) by redesignating clauses (vii) through (ix) as
clauses (vi) through (viii), respectively; and
(3) by adding at the end the following:
``For purposes of subparagraph (A)(iv), the mere offering of a
transmission and accompanying metadata does not in itself enable the
making of a copy or phonorecord. Nothing in subparagraph (A)(iv) shall
preclude or prevent a performing rights society or a mechanical rights
organization, or any entity owned in whole or in part by, or acting on
behalf of, such organizations, from monitoring public performances or
other uses of copyrighted works contained in such transmissions. Any
such organization or entity shall be granted a license on either a
gratuitous basis or for a de minimus fee to cover only the reasonable
costs to the licensor of providing the license, and on reasonable,
nondiscriminatory terms, to access and retransmit as necessary any
content contained in such transmissions protected by content protection
or similar technologies, if such licenses are for purposes of carrying
out the activities of such organizations or entities in monitoring the
public performance or other uses of copyrighted works, and such
organizations or entities employ reasonable methods to protect any such
content accessed from further distribution.''.
(d) Definition.--Section 114(j) of title 17, United States Code, is
amended--
(1) by redesignating paragraphs (10) through (15) as
paragraphs (11) through (16), respectively; and
(2) by inserting after paragraph (9) the following:
``(10)(A) A `reasonable recording' means the making of a
copy or phonorecord of a performance licensed under this
section for private, noncommercial use if technological
measures used by the transmitting entity and incorporated into
a recording device--
``(i) permit automated recording or playback based
on specific programs, time periods, or channels as
selected by or for the user;
``(ii) do not permit automated recording or
playback based on specific sound recordings, albums, or
artists;
``(iii) do not permit the separation of component
segments of the copyrighted material contained in the
transmission program which results in the playback of a
manipulated sequence; and
``(iv) do not permit the redistribution,
retransmission, or other exporting of a phonorecord
embodying all or part of a performance licensed under
this section from the device by digital outputs or
removable media, unless the destination device is part
of a secure in-home network that also complies with
this paragraph.
``(B) Nothing in this paragraph prevents a consumer from
engaging in non-automated manual recording and playback in a
manner that is not an infringement of copyright.''.
(e) Technical and Conforming Amendments.--
(1) Section 114.--Section 114(f) of title 17, United States
Code (as amended by subsection (b) of this section), is further
amended--
(A) in paragraph (1)(B), in the first sentence, by
striking ``paragraph (3)'' and inserting ``paragraph
(2)''; and
(B) in paragraph (4)(C), by striking ``under
paragraph (4)'' and inserting ``under paragraph (3)''.
(2) Chapter 8.--(A) Section 801(b) of title 17, United
States Code, is amended--
(i) in paragraph (1), by striking ``114(1)(B),
115,'' and inserting ``115''; and
(ii) in paragraph (7)(B), by striking ``114(f)(3)''
and inserting ``114(f)(2)''.
(B) Section 803(c)(2)(E)(i)(II) of title 17, United States
Code, is amended--
(i) by striking ``or 114(f)(2)(C)''; and
(ii) by striking ``114(f)(4)(B)'' and inserting
``114(f)(3)(B)''.
(C) Section 804(b)(3)(C) of title 17, United States Code,
is amended--
(i) in clause (i), by striking ``and
114(f)(2)(C)''; and
(ii) in clause (iv), by striking ``or 114(f)(2)(C),
as the case may be''.
SEC. 3. REGISTER OF COPYRIGHTS MEETING AND REPORT.
(a) Meeting.--Not later than 60 days after the Copyright Royalty
Judges make their final determination in Docket No. 2005-1 CRB DTRA,
the Register of Copyrights shall convene a meeting among affected
parties to discuss whether to recommend creating a new category of
limited interactive services, including an appropriate premium rate for
such services, within the statutory license contained in section 114 of
title 17, United States Code.
(b) Report.--Not later than 90 days after the convening of the
meeting under subsection (a), the Register of Copyrights shall submit a
report on the discussions at that meeting to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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