PUBLIC LAW 105-304—OCT. 28, 1998
112 STAT. 2899
the scope of the original license, and may include a limited
number of sample channels representative of the subscription
service that are made available on a nonsubscription basis
in order to promote the subscription service.
"(11) A 'preexisting subscription service' is a service that
performs sound recordings by means of noninteractive audioonly subscription digital audio transmissions, which was in
existence and was making such transmissions to the public
for a fee on or before July 31, 1998, and may include a limited
number of sample channels representative of the subscription
service that are made available on a nonsubscription basis
in order to promote the subscription service."; and
(F) by adding at the end the following:
"(15) A 'transmission' is either an initial transmission or
a retransmission.".
(5) The amendment made by paragraph (2)(B)(i)(III) of 17 USC 114 note,
this subsection shall be deemed to have been enacted as part
of the Digital Performance Right in Sound Recordings Act of
1995, and the publication of notice of proceedings under section
114(f)(1) of title 17, United States Code, as in effect upon
the effective date of that Act, for the determination of royalty
payments shall be deemed to have been made for the period
beginning on the effective date of that Act and ending on
December 1, 2001.
(6) The amendments made by this subsection do not annul, 17 USC 114 note,
limit, or otherwise impair the rights that are preserved by
section 114 of title 17, United States Code, including the rights
preserved by subsections (c), (d)(4), and (i) of such section,
(b) EPHEMERAL RECORDINGS.— Section 112 of title 17, United
States Code, is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
"(e) STATUTORY LICENSE. — <1) A transmitting organization entitled to transmit to the public a performance of a sound recording
under the limitation on exclusive rights specified by section
114(d)(l)(C)(iv) or under a statutory license in accordance with
section 114(f) is entitled to a statutory license, under the conditions
specified by this subsection, to make no more than 1 phonorecord
of the sound recording (unless the terms and conditions of the
statutory license allow for more), if the following conditions are
satisfied:
"(A) The phonorecord is retained and used solely by the
transmitting organization that made it, and no further
phonorecords are reproduced from it.
"(B) The phonorecord is used solely for the transmitting
organization's own transmissions originating in the United
States under a statutory license in accordance with section
114(f) or the limitation on exclusive rights specified by section
114(d)(l)(C)(iv).
"(C) Unless preserved exclusively for purposes of archival
preservation, the phonorecord is destroyed within 6 months
from the date the sound recording was first transmitted to
the public using the phonorecord.
"(D) Phonorecords of the sound recording have been distributed to the public under the authority of the copyright owner
or the copyright owner authorizes the transmitting entity to
transmit the sound recording, and the transmitting entity
�
