113 HR 4772 IH: RESPECT Act U.S. House of Representatives 2014-05-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4772 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Holding (for himself, Mr. Conyers, Mr. Coble, Mrs. Blackburn, Ms. Chu, Mr. Cooper, Mr. Deutch, Mr. Gohmert, and Mr. Jeffries) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to provide for the payment of royalties for the performance of sound recordings fixed before February 15, 1972, and for other purposes.

1.

Short title

This Act may be cited as the Respecting Senior Performers as Essential Cultural Treasures Act or the RESPECT Act.

2.

Payment for use of certain sound recordings

Section 114(f)(4) of title 17, United States Code, is amended by adding at the end the following: (D) (i)Any person publicly performing sound recordings protected under this title by means of transmissions under a statutory license under this section, or making reproductions of such sound recordings under section 112(e), shall make royalty payments for transmissions that person makes of sound recordings that were fixed before February 15, 1972, and reproductions that person makes of those sound recordings under the circumstances described in section 112(e)(1), in the same manner as such person does for sound recordings that are protected under this title. (ii)If a person fails to make royalty payments described in clause (i) for sound recordings fixed before February 15, 1972, there shall be available, in addition to any remedy that may be available under the laws of any State, a civil action in an appropriate United States district court for recovery limited to the payments described in clause (i), in addition to interest, costs, and attorneys’ fees. Any such recovery that is obtained shall be offset against any recovery for such violation that may be available under the laws of any State. (iii)No action may be brought under the laws of any State against a transmitting entity alleging infringement of a right equivalent to the right granted in section 106(6) based on a public performance of a sound recording fixed before February 15, 1972, or alleging infringement of a right equivalent to the right granted in section 106(1) based on a reproduction of such a sound recording, if— (I)the performance would have been subject to statutory licensing under subsection (d)(2) if the sound recording had been first fixed on or after February 15, 1972; (II)the reproduction would have been subject to statutory licensing under section 112(e)(1) if the sound recording had been first fixed on or after February 15, 1972; (III)the transmitting entity has satisfied the requirements for statutory licensing under subparagraph (B) and section 112(e)(6); and (IV)the applicable royalty was paid and accounted for under this subparagraph. (iv)This subparagraph does not confer copyright protection under this title upon sound recordings that were fixed before February 15, 1972. Such sound recordings are subject to the protection available under the laws of the States, and except as provided in clause (iii), are not subject to any limitation of rights or remedies, or any defense, provided under this title. (v)This subparagraph shall have no effect with respect to any public performance that is made of a sound recording, or reproduction that is made of a sound recording under the circumstances described in section 112(e)(1), on or after February 15, 2067..

3.

Effective date

The amendments made by this Act shall apply to performances and reproductions of sound recordings occurring on or after the date of the enactment of this Act.