Webcaster Settlement Act of 2008

by by the 110th Congress of the United States

110^TH UNITED STATES CONGRESS
2^ND SESSION

An Act
To amend Section 114 of Title 17, United States Code, to provide for agreements for the reproduction and performance
of sound recordings by webcasters.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title.

This Act may be cited as the ``Webcaster Settlement Act of 2008´´.

Sec. 2. Agreements on Behalf of Webcasters.

Section 114(f)(5) of title 17, United States Code, is amended—

(1) in subparagraph (A)—

(A) by striking ``small commercial´´ each place it appears and inserting ``commercial´´;

(B) by striking ``during the period beginning on October 28, 1998, and ending on December 31, 2004´´ and inserting ``for a period of not more than 11 years beginning on January 1, 2005´´;

(C) by striking ``a copyright arbitration royalty panel or decision by the Librarian of Congress´´ and inserting ``the Copyright Royalty Judges´´; and

(D) in the second sentence, by striking ``webcasters 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 subparagraph shall not apply to the extent that the receiving agent and a webcaster that is party to an agreement entered into pursuant to subparagraph (A) expressly authorize 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 May 1, 2007´´; and

(5) in subparagraph (F), by striking ``December 15, 2002´´ and all that follows through ``2003´´ and inserting ``February 15, 2009´´.

Approved October 16, 2008.

Legislative History

• H.R. 7084, (S. 3649)

• CONGRESSIONAL RECORD, Vol. 154 (2008):
  • Sept. 27, considered and passed House.
  • Sept. 30, considered and passed Senate.