109 STAT. 348 PUBLIC LAW 104-39 —NOV. 1, 1995 work embodied therein, including by means of a digital transmission, under sections 106(4) and 106(6), (ii) except for compulsory licensing under the conditions specified by this section, the exclusive rights to reproduce and distribute the sound recording and the musical work embodied therein under sections 106(1) and 106(3), including by means of a digital phonorecord delivery, or (iii) any other rights under any other provision of section 106, or remedies available under this title, as such rights or remedies exist either before or after the date of enactment of the Digital Performance Right in Sound Recordings Act of 1995. "(L) The provisions of this section concerning digital phonorecord deliveries shall not apply to any exempt transmissions or retransmissions under section 114(d)(1). The exemptions created in section 114(d)(1) do not expand or reduce the rights of copyright owners under section 106(1) through (5) with respect to such transmissions and retransmissions."; and (5) by adding after subsection (c) the following: "(d) DEFINITION.— As used in this section, the following term has the following meaning: A 'digital phonorecord delivery* is each individual delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording, regardless of whether the digital transmission is also a public performance of the sound recording or any nondramatic musical work embodied therein. A digital phonorecord delivery does not result from a real-time, non-interactive subscription transmission of a sound recording where no reproduction of the sound recording or the musical work embodied therein is made from the inception of the transmission through to its receipt by the transmission recipient in order to make the sound recording audible. ". SEC. 5. CONFORMING AMENDMENTS. (a) DEFINITIONS.— Section 101 of title 17, United States Code, is amended by inserting after the definition of "device", "machine", or "process" the following: "A 'digital transmission' is a transmission in whole or in part in a digital or other non-analog format.". (b) LIMITATIONS ON EXCLUSIVE RIGHTS: SECONDARY TRANS- MISSIONS. — Section 111(c)(1) of title 17, United States Code, is amended in the first sentence by inserting "and section 114(d)" after "of this subsection". (c) LIMITATIONS ON EXCLUSIVE RIGHTS: SECONDARY TRANS- MISSIONS OF SUPERSTATIONS AND NETWORK STATIONS FOR PRIVATE HOME VIEWING.— (1) Section 119(a)(1) of title 17, United States Code, is amended in the first sentence by inserting "and section 114(d)" S-ftf^T* **or tfiis subsGction (2) Section 119(a)(2)(A) of title 17, United States Code, is amended in the first sentence by inserting "and section 114(d)" after "of this subsection". (d) COPYRIGHT ARBITRATION ROYALTY PANELS.— (1) Section 801(b)(1) of title 17, United States Code, is amended in the first and second sentences by striking "115" each place it appears and inserting "114, 115,".
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