Respecting Senior Performers as Essential Cultural Treasures Act or the RESPECT Act - Requires digital music services (certain services providing digital transmissions of music by Internet radio, cable, or satellite) that transmit sound recordings under the statutory license provided under federal copyright law to pay royalties for sound recordings fixed before February 15, 1972, in the same manner as they pay royalties for sound recordings protected by federal copyright that are fixed after such date. (Currently, sound recordings fixed before February 15, 1972, are governed by state laws and are not subject to federal copyright laws that require music services to pay a performance royalty for transmitting such recordings.)
Provides a remedy under which performance royalties for the transmission of such recordings may be recovered in a civil action in federal court if a digital music service fails to make such payments.
Prohibits an infringement action against a transmitting entity from being brought under a state law if the appropriate royalty is paid under this Act.
Declares that this Act does not confer federal copyright protection upon such recordings fixed before February 15, 1972 (sound recordings fixed before February 15, 1972, remain under applicable state laws notwithstanding the payment of royalties under federal statutory licensing requirements).
Terminates this Act on February 15, 2067.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4772 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4772
To amend title 17, United States Code, to provide for the payment of
royalties for the performance of sound recordings fixed before February
15, 1972, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2014
Mr. Holding (for himself, Mr. Conyers, Mr. Coble, Mrs. Blackburn, Ms.
Chu, Mr. Cooper, Mr. Deutch, Mr. Gohmert, and Mr. Jeffries) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to provide for the payment of
royalties for the performance of sound recordings fixed before February
15, 1972, 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 ``Respecting Senior Performers as
Essential Cultural Treasures Act'' or the ``RESPECT Act''.
SEC. 2. PAYMENT FOR USE OF CERTAIN SOUND RECORDINGS.
Section 114(f)(4) of title 17, United States Code, is amended by
adding at the end the following:
``(D)(i) Any person publicly performing sound recordings
protected under this title by means of transmissions under a
statutory license under this section, or making reproductions
of such sound recordings under section 112(e), shall make
royalty payments for transmissions that person makes of sound
recordings that were fixed before February 15, 1972, and
reproductions that person makes of those sound recordings under
the circumstances described in section 112(e)(1), in the same
manner as such person does for sound recordings that are
protected under this title.
``(ii) If a person fails to make royalty payments described
in clause (i) for sound recordings fixed before February 15,
1972, there shall be available, in addition to any remedy that
may be available under the laws of any State, a civil action in
an appropriate United States district court for recovery
limited to the payments described in clause (i), in addition to
interest, costs, and attorneys' fees. Any such recovery that is
obtained shall be offset against any recovery for such
violation that may be available under the laws of any State.
``(iii) No action may be brought under the laws of any
State against a transmitting entity alleging infringement of a
right equivalent to the right granted in section 106(6) based
on a public performance of a sound recording fixed before
February 15, 1972, or alleging infringement of a right
equivalent to the right granted in section 106(1) based on a
reproduction of such a sound recording, if--
``(I) the performance would have been subject to
statutory licensing under subsection (d)(2) if the
sound recording had been first fixed on or after
February 15, 1972;
``(II) the reproduction would have been subject to
statutory licensing under section 112(e)(1) if the
sound recording had been first fixed on or after
February 15, 1972;
``(III) the transmitting entity has satisfied the
requirements for statutory licensing under subparagraph
(B) and section 112(e)(6); and
``(IV) the applicable royalty was paid and
accounted for under this subparagraph.
``(iv) This subparagraph does not confer copyright
protection under this title upon sound recordings that were
fixed before February 15, 1972. Such sound recordings are
subject to the protection available under the laws of the
States, and except as provided in clause (iii), are not subject
to any limitation of rights or remedies, or any defense,
provided under this title.
``(v) This subparagraph shall have no effect with respect
to any public performance that is made of a sound recording, or
reproduction that is made of a sound recording under the
circumstances described in section 112(e)(1), on or after
February 15, 2067.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to performances and
reproductions of sound recordings occurring on or after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
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