17 U.S.C. 114: Scope of exclusive rights in sound recordings

2018

• Pub. L. 115–264, §103(a)(1), added par. (1) and struck out former par. (1) which related to the determination of reasonable rates and terms of royalty payments for certain subscription and satellite digital audio transmissions. (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (f)
• Pub. L. 115–264, §103(a), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which related to the determination of reasonable rates and terms of royalty payments for certain types of public performances of sound recordings. (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (f)
• Pub. L. 115–264, §103(g)(1), substituted "under paragraph (3)" for "under paragraph (4)". (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (f)
• Pub. L. 115–264, §302(c)(1), substituted "Except as provided for in paragraph (6), a nonprofit collective designated by the Copyright Royalty Judges" for "An agent designated" in introductory provisions. (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (g)
• Pub. L. 115–264, §302(c)(2), in introductory provisions, substituted "nonprofit collective designated by the Copyright Royalty Judges" for "nonprofit agent designated", "another designated nonprofit collective" for "another designated agent", "such nonprofit collective" for "such no… (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (g)
• Pub. L. 115–264, §302(c)(3), substituted "nonprofit collective" for "designated agent" and substituted "such collective" for "such agent" in two places. (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (g)
• Pub. L. 115–264, §302(a), added par. (5). (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (g)
• Pub. L. 115–264, §302(b), added par. (6). (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (g)
• Pub. L. 115–264, §302(c)(4), added par. (7). (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (g)
• Pub. L. 115–264, §103(b), struck out subsec. (i). Text read as follows: "License fees payable for the public performance of sound recordings under section 106(6) shall not be taken into account in any administrative, judicial, or other governmental proceeding to set or adjust the royal… (Orrin G. Hatch-Bob Goodlatte Music Modernization Act) Law text · (i)

2010

• Pub. L. 111–295, §6(f)(1), substituted "118(f)" for "118(g)". (Copyright Cleanup, Clarification, and Corrections Act of 2010) Law text · (b)
• Pub. L. 111–295, §6(b), substituted "Judges shall base their decision" for "Judges shall base its decision" in introductory provisions. (Copyright Cleanup, Clarification, and Corrections Act of 2010) Law text · (f)
• Pub. L. 111–295, §5(c), substituted "eligible nonsubscription services and new subscription services" for "preexisting subscription digital audio transmission services or preexisting satellite digital radio audio services". (Copyright Cleanup, Clarification, and Corrections Act of 2010) Law text · (f)

2009

• Pub. L. 111–36, §2(1), substituted "2008, the Webcaster Settlement Act of 2009," for "2008". Law text · (f)
• Pub. L. 111–36, §2(2), struck out "to make eligible nonsubscription transmissions and ephemeral recordings" after "therefor". Law text · (f)
• Pub. L. 111–36, §2(3), substituted "at 11:59 p.m. Eastern time on the 30th day after the date of the enactment of the Webcaster Settlement Act of 2009" for "February 15, 2009". Law text · (f)

2008

• Pub. L. 110–435, §2(1), substituted "commercial" for "small commercial" wherever appearing, in first sentence substituted "for a period of not more than 11 years beginning on January 1, 2005" for "during the period beginning on October 28, 1998, and ending on December 31, 2004" a… Law text · (f)
• Pub. L. 110–435, §2(2), substituted "commercial" for "small commercial". Law text · (f)
• Pub. L. 110–435, §2(3), substituted "Copyright Royalty Judges" for "Librarian of Congress" and "webcasters" for "small webcasters" and inserted at end "This subparagraph shall not apply to the extent that the receiving agent and a webcaster that is party to an agreement entered i… Law text · (f)
• Pub. L. 110–435, §2(4)(B), substituted "Copyright Royalty Judges of May 1, 2007" for "Librarian of Congress of July 8, 2002". Law text · (f)
• Pub. L. 110–435, §2(4)(A), which directed substitution of "the Webcaster Settlement Act of 2008" for "the Small Webcasters Settlement Act of 2002", was executed by making the substitution for "the Small Webcaster Settlement Act of 2002", to reflect the probable intent of Congress. Law text · (f)
• Pub. L. 110–435, §2(5), substituted "February 15, 2009" for "December 15, 2002, except with respect to noncommercial webcasters for whom the authority shall expire May 31, 2003". Law text · (f)

2006

• Pub. L. 109–303, §4(b)(1), substituted "except in the case of a different transitional period 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." for "except where a different transitional pe… Law text · (f)
• Pub. L. 109–303, §4(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to rates and terms of royalty payments for subscription transmissions by eligible nonsubscription transmission services and new subscription services. Law text · (f)
• Pub. L. 109–303, §4(b)(3), substituted "described in" for "negotiated under" in concluding provisions. Law text · (f)

2004

• Pub. L. 108–419, §5(c)(1)(A), substituted first sentence for former first sentence which read: "No later than 30 days after the enactment of the Digital Performance Right in Sound Recordings Act of 1995, the Librarian of Congress shall cause notice to be published in the Federal … Law text · (f)
• Pub. L. 108–419, §5(c)(1)(B), substituted first sentence for former first sentence which read: "In the absence of license agreements negotiated under subparagraph (A), during the 60-day period commencing 6 months after publication of the notice specified in subparagraph (A), and … Law text · (f)
• Pub. L. 108–419, §5(c)(1)(C), amended subpar. (C) generally. Prior to amendment, subpar. (C) related to repetition of publication of notices of the initiation of voluntary negotiation proceedings as specified in subpar. (A) and repetition of the procedures specified in subpar. (B… Law text · (f)
• Pub. L. 108–419, §5(c)(2)(A)(ii), (iii), substituted "Copyright Royalty Judges" for "Librarian of Congress" in third sentence and struck out "negotiation" after "parties to each" in fourth sentence. Law text · (f)
• Pub. L. 108–419, §5(c)(2)(A)(i), which directed the general amendment of the first paragraph, was executed by making the amendment to first sentence of subpar. (A) to reflect the probable intent of Congress. Prior to amendment, first sentence read as follows: "No later than 30 days after the date o… Law text · (f)
• Pub. L. 108–419, §5(c)(2)(B)(iii), which directed substitution of "described in" for "negotiated as provided" in last sentence, could not be executed because "negotiated as provided" does not appear in text. Law text · (f)
• Pub. L. 108–419, §5(c)(2)(B)(ii), substituted "Copyright Royalty Judges" for "copyright arbitration royalty panel" wherever appearing after first sentence. Law text · (f)
• Pub. L. 108–419, §5(c)(2)(B)(i), substituted first sentence for former first sentence which read: "In the absence of license agreements negotiated under subparagraph (A), during the 60-day period commencing 6 months after publication of the notice specified in subparagraph (A), and upon the filing … Law text · (f)
• Pub. L. 108–419, §5(c)(2)(C), amended subpar. (C) generally. Prior to amendment, subpar. (C) related to repetition of publication of notices of the initiation of voluntary negotiation proceedings as specified in subpar. (A) and repetition of the procedures specified in subpar. (B… Law text · (f)
• Pub. L. 108–419, §5(c)(3), substituted "decision by the Librarian of Congress or determination by the Copyright Royalty Judges" for "determination by a copyright arbitration royalty panel or decision by the Librarian of Congress". Law text · (f)
• Pub. L. 108–419, §5(c)(4), substituted "Copyright Royalty Judges" for "Librarian of Congress" in two places and inserted after first sentence in subpar. (A) "The notice and recordkeeping rules in effect on the day before the effective date of the Copyright Royalty and Distribution R… Law text · (f)

2002

• Pub. L. 107–321, §4, added par. (5). Law text · (f)
• Pub. L. 107–321, §5(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The copyright owner of the exclusive right under section 106(6) of this title to publicly perform a sound recording by means of a digital audio transmission shall allocate to recording… Law text · (g)
• Pub. L. 107–321, §5(b), added pars. (3) and (4). Law text · (g), (4)

1998

• Pub. L. 105–304, §405(a)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: (Digital Millennium Copyright Act) Law text · (d)
• Pub. L. 105–304, §405(a)(1)(B), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "In the case of a subscription transmission not exempt under subsection (d)(1), the performance of a sound recording publicly by means of a digital audio transmi… (Digital Millennium Copyright Act) Law text · (d)
• Pub. L. 105–304, §405(a)(2)(A), substituted "Certain Nonexempt" for "Nonexempt Subscription" in heading. (Digital Millennium Copyright Act) Law text · (f)
• Pub. L. 105–304, §405(a)(2)(B), designated existing provisions as subpar. (A), in first sentence, substituted "subscription transmissions by preexisting subscription services and transmissions by preexisting satellite digital audio radio services" for "the activities" and "2001" … (Digital Millennium Copyright Act) Law text · (f)
• Pub. L. 105–304, §405(a)(2)(C), added subpars. (B) and (C). (Digital Millennium Copyright Act) Law text · (f), (C)
• Pub. L. 105–304, §405(a)(2)(C), added pars. (2) to (4) and struck out former pars. (2) to (5), which provided: in par. (2) that Librarian of Congress would convene a copyright arbitration royalty panel to determine schedule of rates and terms, that panel could consider rates … (Digital Millennium Copyright Act) Law text · (f)
• Pub. L. 105–304, §405(a)(3)(A), struck out "Subscription" before "Transmissions" in heading. (Digital Millennium Copyright Act) Law text · (g)
• Pub. L. 105–304, §405(a)(3)(B), substituted "transmission licensed under a statutory license" for "subscription transmission licensed" in introductory provisions. (Digital Millennium Copyright Act) Law text · (g)
• Pub. L. 105–304, §405(a)(3)(C), struck out "subscription" before "transmission". (Digital Millennium Copyright Act) Law text · (g), (B)
• Pub. L. 105–304, §405(a)(3)(D), struck out "subscription" before "transmission performances" in introductory provisions. (Digital Millennium Copyright Act) Law text · (g)
• Pub. L. 105–304, §405(a)(4)(A), (B), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (5). (Digital Millennium Copyright Act) Law text · (j), (3)
• Pub. L. 105–304, §405(a)(4)(A), (C), added par. (4) and struck out former par. (4) which read as follows: "An 'interactive service' is one that enables a member of the public to receive, on request, a transmission of a particular sound recording chosen by or on behalf of the recipie… (Digital Millennium Copyright Act) Law text · (j)
• Pub. L. 105–304, §405(a)(4)(A), redesignated par. (3) as (5). Former par. (5) redesignated (9). (Digital Millennium Copyright Act) Law text · (j)
• Pub. L. 105–304, §405(a)(4)(A), (D), added pars. (6) to (8). Former pars. (6) to (8) redesignated (12) to (14), respectively. (Digital Millennium Copyright Act) Law text · (j)
• Pub. L. 105–304, §405(a)(4)(A), redesignated par. (5) as (9) and struck out former par. (9) which read as follows: "A 'transmission' includes both an initial transmission and a retransmission." (Digital Millennium Copyright Act) Law text · (j)
• Pub. L. 105–304, §405(a)(4)(E), added pars. (10) and (11). (Digital Millennium Copyright Act) Law text · (j), (11)
• Pub. L. 105–304, §405(a)(4)(A), redesignated pars. (6) to (8) as (12) to (14), respectively. (Digital Millennium Copyright Act) Law text · (j)
• Pub. L. 105–304, §405(a)(4)(F), added par. (15). (Digital Millennium Copyright Act) Law text · (j)

1997

• Pub. L. 105–80, §3(1), inserted ", or, if a copyright arbitration royalty panel is convened, ending 30 days after the Librarian issues and publishes in the Federal Register an order adopting the determination of the copyright arbitration royalty panel or an order setting the terms a… Law text · (f)
• Pub. L. 105–80, §3(2), struck out "and publish in the Federal Register" before "a schedule of rates and terms". Law text · (f)

1995

• Pub. L. 104–39, §3(1), substituted "(3) and (6) of section 106" for "and (3) of section 106". Law text · (a)
• Pub. L. 104–39, §3(2), substituted "phonorecords or copies" for "phonorecords, or of copies of motion pictures and other audiovisual works," in first sentence. Law text · (b)
• Pub. L. 104–39, §3(3), added subsec. (d) and struck out former subsec. (d), which read as follows: "On January 3, 1978, the Register of Copyrights, after consulting with representatives of owners of copyrighted materials, representatives of the broadcasting, recording, motion picture, … Law text · (d)
• Pub. L. 104–39, §3(4), added subsecs. (e) to (j). Law text · (e), (f), (g), (h), (i), (j)