109 STAT. 336 PUBLIC LAW 104-39 —NOV. 1, 1995 Public Law 104-39 104th Congress An Act Nov. 1, 1995 To amend title 17, United States Code, to provide an exclusive right to perform [S. 227] sound recordings publicly by means of digital transmissions, and for other purposes. Be it enacted by the Senate and House of Representatives of Digital the United States of America in Congress assembled, Performance Right in Sound SECTION 1. SHORT TITLE. 1995. ^"^^ '^ ° This Act may be cited as the "Digital Performance Right in Copyrights. Sound Recordings Act of 1995". Communications. 17 USC 101 note. SEC. 2. EXCLUSIVE RIGHTS IN COPYRIGHTED WORKS. Section 106 of title 17, United States Code, is amended— (1) in paragraph (4) by striking "and" after the semicolon; (2) in paragraph (5) by striking the period and inserting "; and"; and (3) by adding at the end the following: "(6) in the case of sound recordings, to perform the copy- righted work publicly by means of a digital audio transmission.". SEC. 3. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS. Section 114 of title 17, United States Code, is amended— (1) in subsection (a) by striking "and (3)" and inserting "(3) and (6)"; (2) in subsection (b) in the first sentence by striking "phonorecords, or of copies of motion pictures and other audiovisual works," and inserting "phonorecords or copies"; (3) by striking subsection (d) and inserting: " (d) LIMITATIONS ON EXCLUSIVE RIGHT. —Notwithstanding the provisions of section 106(6)— " (1) EXEMPT TRANSMISSIONS AND RETRANSMISSIONS. —The performance of a sound recording publicly by means of a digital audio transmission, other than as a part of an interactive service, is not an infringement of section 106(6) if the performance is part of— "(A)(i) a nonsubscription transmission other than a retransmission; "(ii) an initial nonsubscription retransmission made for direct reception by members of the public of a prior or simultaneous incidental transmission that is not made for direct reception by members of the public; or "(iii) a nonsubscription broadcast transmission; "(B) a retransmission of a nonsubscription broadcast transmission: Provided, That, in the case of a retransmission of a radio station's broadcast transmission—
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