To amend title 17, United States Code, and for other purposes.
Modifies conditions under which the current ephemeral recording exemption is extended to multiple copies or phonorecords of a particular transmission program embodying the performance or display of certain copyright work, including broadcast transmission of a performance of a sound recording in a digital format on a nonsubscription basis.
Sets forth provisions: (1) revising the allocation of statutory performance license payments for digital audio transmission of public performances of sound recordings; (2) regarding licensing of affiliates by copyright owners of sound recordings to reproduce, to distribute to the public by means of a digital phonorecord delivery, or (as in current law) to perform the copyrighted work in public; and (3) revising requirements for the electronic administration of the compulsory license for making and distributing sound recordings (including the notice of intent, limited digital phonorecord delivery, and electronic filing of the notice of intent with the Copyright Office).
Extends the exemption of copyright infringement liability: (1) to the making of a copy or phonorecord of a sound recording or a work included in a sound recording, in a digital format, if such copy or phonorecord is created by and is incidental to the operation of a device in the ordinary course of the use of a work otherwise lawful; and (2) for the owner of a phonorecord lawfully acquired by digital phonorecord delivery, or a copy lawfully acquired by digital transmission of a literary work embodied in that phonorecord, to make another phonorecord or copy of such works, if such new phonorecord or copy is for archival purposes only and that all archival phonorecords or copies are destroyed in the event that continued possession of the phonorecord or copy should cease to be rightful.
Requires the Register of Copyrights to evaluate the impact of certain statutory sound recording performance license criteria on noninteractive digital audio transmissions.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
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