Page:United States Statutes at Large Volume 106 Part 5.djvu/605

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PUBLIC LAW 102-563 —OCT. 28, 1992 106 STAT. 4243 "(A) embodied in a digital musical recording or an analog musical recording lawfully made under this title that has been distributed, and "(B) distributed in the form of digital musical recordings or analog musical recordings or disseminated to the public in transmissions, during the period to which such payments pertain; and "(2) who has filed a claim under section 1007. "(b) ALLOCATION OF ROYALTY PAYMENTS TO GROUPS. — The roy- alty payments shall be divided into 2 funds as follows: " (1) THE SOUND RECORDINGS FUND. —66 % percent of the royalty payments shall be allocated to the Sound Recordings Fund. 2% percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested cop5rright parties described in section 1001(7)(A) and the American Federation of Musicians (or any successor entity) to be distributed to nonfeatured musicians (whether or not members of the American Federation of Musicieins or any successor entity) who have performed on sound recordings distributed in the United States. 1% percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested copyright parties described in section 1001(7)(A) and the American Federation of Television and Radio Artists (or any successor entity) to be distributed to nonfeatured vocalists (whether or not members of the American Federation Television and Radio Artists or any successor entity) who have performed on sound recordings distributed in the United States. 40 percent of the remaining royalty payments in the Sound Recordings Fund shall be distributed to the interested copyright parties described in section 1001(7)(C), and 60 percent of such remaining royalty payments shall be distributed to the interested copyright parties described in section 1001(7)(A). "(2) THE MUSICAL WORKS FUND.— "(A) 33Va percent of the royalty payments shall be allocated to the Musical Works Fund for distribution to interested copjnright parties described in section 1001(7)(B). "(B)(i) Music publishers shall be entitled to 50 percent of the royalty payments allocated to the Musical Works Fund. "(ii) Writers shall be entitled to the other 50 percent of the royalty payments allocated to the Musical Works Fund. " (c) ALLOCATION OF ROYALTY PAYMENTS WITHIN GROUPS.— If all interested cop3night parties within a group specified in subsection (b) do not agree on a voluntary proposal for the distribution of the royalty pa3mQ.ents within each group, the Copyright Royalty Tribunal shall, pursuant to the procedures specified under section 1007(c), allocate royalty payments under this section based on the extent to which, during the relevant period— "(1) for the Sound Recordings Fiuid, each sound recording was distributed in the form of digital musical recordings or anedog musical recordings; and "(2) for the Musical Works Fund, each musical work was distributed in the form of digital musical recordings or analog