PUBLIC LAW 105-304—OCT, 28, 1998
112 STAT. 2901
license agreements negotiated as provided in paragraphs (3) and
(4). The Librarian of Congress shall also establish requirements
by which copyright owners may receive reasonable notice of the
use of their sound recordings under this section, and under which
records of such use shall be kept and made available by transmitting
organizations entitled to obtain a statutory license under this subsection.
"(6) License agreements voluntarily negotiated at any time
between 1 or more copyright owners of sound recordings and 1
or more transmitting organizations entitled to obtain a statutory
license under this subsection shall be given effect in lieu of any
determination by a copyright arbitration royalty panel or decision
by the Librarian of Congress.
"(7) Publication of a notice of the initiation of voluntary negotia- Regulations,
tion proceedings as specified in paragraph (4) shall be repeated,
in accordance with regulations that the Librarian of Congress shall
prescribe, in the first week of January 2000, and at 2-year intervals
thereafter, except to the extent that different years for the repeating
of such proceedings may be determined in accordance with paragraph (4). The procedures specified in paragraph (5) shall be
repeated, in accordance with regulations that the Librarian of Congress shall prescribe, upon filing of a petition in accordance with
section 803(a)(1), during a 60-day period commencing on July 1,
2000, and at 2-year intervals thereafter, except to the extent that
different years for the repeating of such proceedings may be determined in accordance with paragraph (4). The procedures specified
in paragraph (5) shall be concluded in accordance with section
802.
"(8)(A) Any person who wishes to make a phonorecord of a
sound recording under a statutory license in accordance with this
subsection may do so without infringing the exclusive right of
the copyright owner of the sound recording under section 106(1)—
"(i) by complying with such notice requirements as the
Librarian of Congress shall prescribe by regulation and by
paying royalty fees in accordance with this subsection; or
"(ii) if such royalty fees have not been set, by agreeing
to pay such royalty fees as shall be determined in accordance
with this subsection.
"(B) Any royalty payments in arrears shall be made on or
before the 20th day of the month next succeeding the month in
which the royalty fees are set.
"(9) If a transmitting organization entitled to make a phonorecord under this subsection is prevented from making such phonorecord by reason of the application by the copyright owner of technical measures that prevent the reproduction of the sound recording,
the copyright owner shall make available to the transmitting
organization the necessary means for permitting the making of
such phonorecord as permitted under this subsection, if it is technologically feasible and economically reasonable for the copyright
owner to do so. If the copyright owner fails to do so in a timely
manner in light of the transmitting organization's reasonable business requirements, the transmitting organization shall not be liable
for a violation of section 1201(a)(1) of this title for engaging in
such activities as are necessary to make such phonorecords as
permitted under this subsection.
"(10) Nothing in this subsection annuls, limits, impairs, or
otherwise affects in any way the existence or value of any of
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