[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2576 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2576

To amend title 17, United States Code, to provide an exclusive right to 
  perform sound recordings publicly by means of digital transmissions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 1993

Mr. Hughes (for himself and Mr. Berman) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 17, United States Code, to provide an exclusive right to 
  perform sound recordings publicly by means of digital transmissions.

    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 ``Digital Performance Right in Sound 
Recordings Act of 1993''.

SEC. 2. EXCLUSIVE RIGHTS IN COPYRIGHTED WORKS.

    Section 106 of title 17, United States Code, is amended--
            (1) in paragraph (4) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) in the case of sound recordings, to perform the 
        copyrighted work publicly by means of a digital 
        transmission.''.

SEC. 3. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS.

    Section 114 of title 17, United States Code, is amended--
            (1) by striking subsections (a), (c), and (d); and
            (2) in subsection (b), by striking ``(b)''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Definitions.--Section 101 of title 17, United States Code, is 
amended by inserting after
            ``A `device', `machine', or `process' is one now known or 
        later developed.'' the following:
            ``A `digital transmission' of a performance is a 
        communication of the performance by any device or process 
        whereby sounds in a digital format are received beyond the 
        place from which they are sent.''.
    (b) Limitations on Exclusive Rights: Secondary Transmissions.--
Section 111(a) of title 17, United States Code, is amended in the first 
sentence by striking ``The'' and inserting ``Except in the case of a 
performance of a sound recording in the course of a digital 
transmission, the''.
    (c) Limitations on Exclusive Rights: Secondary Transmissions of 
Superstations and Network Stations for Private Home Viewing.--Section 
119(a)(1) of title 17, United States Code, is amended by striking 
``Subject to'' and inserting ``Except in the case of a performance of a 
sound recording in the course of a digital transmission, and subject 
to''.

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