120 STAT. 1482
PUBLIC LAW 109–303—OCT. 6, 2006
period provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree.’’; (2) by amending paragraph (2)(A) to read as follows: ‘‘(2)(A) Proceedings under chapter 8 shall determine reasonable rates and terms of royalty payments for public performances of sound recordings by means of eligible nonsubscription transmission services and new subscription services specified by subsection (d)(2) during the 5-year period beginning on January 1 of the second year following the year in which the proceedings are to be commenced, except in the case of a different transitional period provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree. Such rates and terms shall distinguish among the different types of eligible nonsubscription transmission services and new subscription services then in operation and shall include a minimum fee for each such type of service. Any copyright owners of sound recordings or any entities performing sound recordings affected by this paragraph may submit to the Copyright Royalty Judges licenses covering such eligible nonsubscription transmissions and new subscription services with respect to such sound recordings. The parties to each proceeding shall bear their own costs.’’; and (3) in paragraph (2)(B), in the last sentence, by striking ‘‘negotiated under’’ and inserting ‘‘described in’’. (c) PHONORECORDS OF NONDRAMATIC MUSICAL WORKS.—Section 115(c)(3) of title 17, United States Code, is amended— (1) in subparagraph (B), by striking ‘‘subparagraphs (B) through (F)’’ and inserting ‘‘this subparagraph and subparagraphs (C) through (E)’’; (2) in subparagraph (D), in the third sentence, by inserting ‘‘in subparagraphs (B) and (C)’’ after ‘‘described’’; and (3) in subparagraph (E), in clauses (i) and (ii)(I), by striking ‘‘(C) or (D)’’ each place it appears and inserting ‘‘(C) and (D)’’. (d) NONCOMMERCIAL BROADCASTING.—Section 118 of title 17, United States Code, is amended— (1) in subsection (b)(3), by striking ‘‘copyright owners in works’’ and inserting ‘‘owners of copyright in works’’; and (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking ‘‘established by’’ and all that follows through ‘‘engage’’ and inserting ‘‘established by the Copyright Royalty Judges under subsection (b)(4), engage’’; and (B) in paragraph (1), by striking ‘‘(g)’’ and inserting ‘‘(f)’’. (e) SATELLITE CARRIERS.—Section 119 of title 17, United States Code, is amended— (1) in subsection (b)(4)— (A) in subparagraph (B), by striking the second sentence and inserting the following: ‘‘If the Copyright Royalty Judges determine that no such controversy exists, the Copyright Royalty Judges shall authorize the Librarian of Congress to proceed to distribute such fees to the copyright owners entitled to receive them, or to their designated agents, subject to the deduction of reasonable administrative costs under this section.’’; and
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