[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1421 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1421

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 6 (legislative day, June 30), 1993

  Mr. Hatch (for himself and Mrs. Feinstein) introduced the following 
    bill; which was read twice and 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 ``Performance Rights 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)'' and inserting 
        the following at the end thereof: ``License fees payable for 
        the public performance of sound recordings under clause (1) of 
        section 106 shall not be taken into account in any 
        administrative, judicial or other governmental proceeding to 
        set or adjust the royalties payable to copyright owners of 
        musical works for the public performance of their works.''

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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