12 2 STA T .497 4 PUBLIC LA W 11 0– 4 35—O CT. 1 6, 200 8PublicLaw1 1 0–435 110 thCongres s A n Act Toamends e cti on 1 1 4 o f tit l e1 7,U nited S tates C ode, to pr o v ide for a g reements for t h e reprod u ction and performance of sound recordings byw ebcasters .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ W ebcaste rS ett l eme n t Act of20 0 8’ ’ . SEC. 2 . AG REE M ENTS ON B EHAL F OF W EBCASTERS. Section 1 1 4( f ) ( 5 )oftitle1 7,U nited States C ode, is amended — (1)ins u b p ara g raph (A)— (A) by stri k ing ‘‘small commercial’’ each place it appears and inserting ‘‘commercial’’
( B ) by striking ‘‘during the period beginning on O ctober 28, 1 9 98, and ending on D ecember 3 1, 2004’’ and inserting ‘‘for a period of not more than 11 years beginning on J anuary 1, 2005’’; (C) by striking ‘‘a copyright arbitration royalty panel or decision by the L ibrarian of Congress’’ and inserting ‘‘the Copyright R oyalty Judges’’; and (D) in the second sentence, by striking ‘‘ w ebcasters shall include’’ and inserting ‘‘webcasters may include’’; (2) in subparagraph (B), by striking ‘‘small commercial’’ and inserting ‘‘commercial’’; (3) in subparagraph (C)— (A) by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; (B) by striking ‘‘small webcasters’’ and inserting ‘‘webcasters’’; and (C) by adding at the end the following
‘‘This subpara - graph shall not apply to the e x tent that the recei v ing agent and a webcaster that is party to an agreement entered into pursuant to subparagraph (A) expressly authori z e the submission of the agreement in a proceeding under this subsection.’’; (4) in subparagraph (D)— (A) by striking ‘‘the Small Webcasters Settlement Act of 2002’’ and inserting ‘‘the Webcaster Settlement Act of 2008’’ ; and (B) by striking ‘‘Librarian of Congress of July 8, 2002’’ and inserting ‘‘Copyright Royalty Judges of M ay 1, 2007’’; and Webcast e rS ett l e m e n t A ct of20 0 8.C o py r igh ts. 17U SC 101 note. O ct. 1 6, 2008 [H . R . 708 4]
�
