[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1506 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1506

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 1995

   Mr. Moorhead (for himself, Mr. Hyde, Mr. Conyers, and Mr. Gekas) 
 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, 
                        and for other purposes.

    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 1995''.

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) in subsection (a) by striking ``and (3)'' and inserting 
        ``, (3), and (6)'';
            (2) in the first sentence of subsection (b) by striking 
        ``phonorecords, or of copies of motion pictures and other 
        audiovisual works,'' and inserting ``phonorecords or copies''; 
        and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Limitations on Exclusive Right.--Notwithstanding the 
provisions of section 106(6)--
            ``(1) Exempt transmissions.--The performance of a sound 
        recording publicly by means of a digital transmission, other 
        than as part of an interactive service, is not an infringement 
        of section 106(6) if the performance is part of--
                    ``(A) a nonsubscription transmission, such as a 
                nonsubscription broadcast transmission;
                    ``(B) any of the following transmissions, whether 
                it is a subscription transmission or a nonsubscription 
                transmission:
                            ``(i) a prior or simultaneous transmission 
                        incidental to a nonsubscription transmission, 
                        such as a feed received by and then 
                        retransmitted by the nonsubscription 
                        transmitter, if such incidental transmission 
                        does not include any subscription transmission 
                        directly for reception by members of the 
                        public;
                            ``(ii) a retransmission of a 
                        nonsubscription broadcast transmission if, in 
                        the case of a retransmission of a radio 
                        station's broadcast transmission, the 
                        transmission is not willfully or repeatedly 
                        retransmitted beyond a radius of 150 miles from 
                        the site of the radio broadcast transmitter;
                            ``(iii) a transmission to or within a 
                        business establishment, that is confined to the 
                        premises of that business establishment, the 
                        premises of other business establishments under 
                        common ownership or control, and the vicinity 
                        immediately surrounding such establishment and 
                        establishments; or
                            ``(iv) a retransmission that is otherwise 
                        an infringement of section 106(6), if such 
                        transmission is simultaneous with the primary 
                        transmission and is authorized by the primary 
                        transmitter, and the primary transmitter has 
                        been licensed to publicly perform the sound 
                        recording.
            ``(2) Subscription transmissions.--In the case of a 
        subscription transmission other than a transmission exempt 
        under paragraph (1), the performance of a sound recording 
        publicly by means of a digital transmission shall be subject to 
        statutory licensing in accordance with subsection (f), if--
                    ``(A) at least--
                            ``(i) 3 months have expired since the first 
                        public performance by means of a digital 
                        transmission of the sound recording under the 
                        authority of the copyright owner in a 
subscription transmission in the United States, or
                            ``(ii) 4 months have expired since the 
                        first distribution for ultimate sale to 
                        consumers in the United States of a phonorecord 
                        embodying the sound recording under the 
                        authority of the copyright owner,
                whichever period is shorter;
                    ``(B) the transmission is not made for the purpose 
                of enabling the recipient of the transmission to 
                reproduce the sound recording;
                    ``(C) the transmission does not exceed the sound 
                recording performance complement; and
                    ``(D) except as provided in section 1002(e), the 
                transmission of the sound recording is accompanied by 
                the information encoded in that sound recording, if 
                any, by or under the authority of the copyright owner 
                of that sound recording, that identifies the title of 
                the sound recording, the featured recording artist who 
                performs on the sound recording, and related 
                information, including information concerning the 
                underlying musical work and its writer.
            ``(3) Rights not otherwise limited.--
                    ``(A) Except as expressly provided in this section, 
                this section does not limit or impair the exclusive 
                right to perform a sound recording publicly by means of 
                a digital transmission under section 106(6).
                    ``(B) Nothing in this section annuls or limits in 
                any way--
                            ``(i) the exclusive right to publicly 
                        perform a musical work, including by means of a 
                        digital transmission, under section 106(4);
                            ``(ii) the exclusive rights to reproduce 
                        and distribute a sound recording or the musical 
                        work embodied therein under paragraphs (1) and 
                        (3) of section 106, including by means of a 
                        digital phonorecord delivery as defined in 
                        section 115; or
                            ``(iii) any other rights under any other 
                        provision of section 106, or remedies available 
                        under this title, as such rights or remedies 
                        exist either before or after the enactment of 
                        the Digital Performance in Sound Recordings Act 
                        of 1995.
    ``(e) Authority for Negotiations.--Any copyright owners of sound 
recordings and any entities performing sound recordings affected by 
this section may negotiate and agree upon the terms and rates of 
royalty payments for the performance of such sound recordings and the 
proportionate division of fees paid among copyright owners, and may 
designate common agents to negotiate, agree to, pay, or receive such 
royalty payments.
    ``(f) Licenses for Subscription Transmissions.--
            ``(1) Voluntary negotiation proceedings.--Not later than 30 
        days after the date of the enactment of the Digital Performance 
        in Sound Recordings Act of 1995, the Librarian of Congress 
        shall cause notice to be published in the Federal Register of 
        the initiation of voluntary negotiation proceedings for the 
        purpose of determining reasonable terms and rates of royalty 
        payments for the activities specified in subsection (d)(2) 
        during the period beginning on January 1, 1996, and ending on 
        December 31, 2000. Such terms and rates shall distinguish among 
        the different types of digital transmission services then in 
        operation. Any copyright owners of sound recordings or any 
        entities performing sound recordings affected by this section 
        may submit to the Librarian of Congress licenses covering such 
        activities with respect to such sound recordings. The parties 
        to each such negotiation proceeding shall bear the entire costs 
        thereof.
            ``(2) Copyright arbitration royalty panel proceeding.--In 
        the absence of license agreements negotiated under paragraph 
        (1), the Librarian of Congress shall, pursuant to chapter 8, 
        convene a copyright arbitration royalty panel to determine and 
        publish in the Federal Register a schedule of rates and terms 
        which, subject to paragraph (3), shall be binding on all 
        copyright owners of sound recordings and entities performing 
        sound recordings. In establishing such rates and terms the 
        copyright arbitration royalty panel may consider the rates for 
        comparable types of digital transmission services and 
        comparable circumstances under voluntary license agreements 
        negotiated under paragraph (1). The parties to the proceeding 
        shall bear the entire cost thereof in such manner and 
        proportion as the arbitration panel shall direct. The Librarian 
        of Congress shall also establish requirements by which 
        copyright owners may receive reasonable notice of the use of 
        their sound recordings under this section, and under which 
        records of such use shall be kept by entities performing sound 
        recordings.
            ``(3) Priority of voluntary license agreements.--License 
        agreements voluntarily negotiated at any time between one or 
        more copyright owners of sound recordings and one or more 
        entities performing sound recordings with respect to activities 
        specified in subsection (d)(2) shall be given effect in lieu of 
        any determination by the Librarian of Congress under chapter 8 
        with respect to the same matter.
            ``(4) Periodic application of procedures.--The procedures 
        set forth in paragraphs (1) and (2) shall be repeated and 
        concluded, in accordance with regulations that the Librarian of 
        Congress shall prescribe--
                    ``(A) within the 6-month period beginning on the 
                date on which a petition is filed by any copyright 
                owners of sound recordings or any entities performing 
                sound recordings affected by this section indicating 
                that a new type of digital transmission service on 
                which sound recordings are performed is or is about to 
                become operational, and
                    ``(B) between June 30 and December 31 of the year 
                2000 and every fifth year thereafter.
            ``(5) Notice and royalties requirements for subscription 
        transmissions.--Any person who wishes to perform a sound 
        recording publicly by means of a subscription transmission 
        under this subsection may do so without infringing the 
        exclusive right of the copyright owner of the sound recording 
        by complying with such notice requirements as the Register of 
        Copyrights shall prescribe by regulation and by paying royalty 
        fees in accordance with this subsection, or, if such royalty 
        fees have not been set, by agreeing to pay such royalty fees as 
        shall be determined in accordance with this subsection, and any 
        royalty payments in arrears shall be made on or before the 
        twentieth day of the month after the month in which the royalty 
        fees are set.
    ``(g) Proceeds From Licensing of Subscription Transmissions.--
            ``(1) Payments to recording artists.--Except in the case of 
        a subscription transmission licensed in accordance with 
        subsection (f)--
                    ``(A) a featured recording artist who performs on a 
                sound recording that has been licensed for a 
                subscription transmission shall be entitled to receive 
                payments from the copyright owner of the sound 
                recording in accordance with the terms of the artist's 
                contract; and
                    ``(B) a nonfeatured recording artist who performs 
                on a sound recording that has been licensed for a 
                subscription transmission shall be entitled to receive 
                payments from the copyright owner of the sound 
                recording in accordance with the terms of the 
                nonfeatured recording artist's applicable contract or 
                other applicable agreement.
            ``(2) Allocation of receipts to recording artists.--The 
        copyright owner of the exclusive right under section 106(6) to 
        publicly perform a sound recording by means of a digital 
        transmission shall allocate to recording artists in the 
        following manner its receipts from the licensing of 
        subscription transmission performances of the sound recording 
        in accordance with subsection (f):
                    ``(A) 2\1/2\ percent of the receipts shall be 
                deposited in an escrow account managed by an 
                independent administrator jointly appointed by 
                copyright owners of sound recordings and the American 
                Federation of Musicians (or any successor entity) to be 
                distributed to nonfeatured musicians (whether or not 
                members of the American Federation of Musicians) who 
                have performed on sound recordings.
                    ``(B) 2\1/2\ percent of the receipts shall be 
                deposited in an escrow account managed by an 
                independent administrator jointly appointed by 
                copyright owners of sound recordings and the American 
                Federation of Television and Radio Artists (or any 
                successor entity) to be distributed to nonfeatured 
                vocalists (whether or not members of the American 
                Federation of Television and Radio Artists) who have 
                performed on sound recordings.
                    ``(C) 45 percent of the receipts shall be 
                allocated, on a per sound recording basis, to the 
                recording artist or artists featured on such sound 
                recording (or the persons conveying rights in the 
                artists' performance in the sound recordings).
    ``(h) Licensing to Affiliates.--Where the copyright owner of a 
sound recording owns a controlling interest in, or otherwise has the 
power directly or indirectly to exercise a controlling influence over 
the management or policies of, an entity engaging in digital 
transmissions covered by section 106(6) and licenses to such entity the 
right to publicly perform a sound recording by means of a digital 
transmission, the copyright owner shall make the licensed sound 
recording available under section 106(6) on similar terms and 
conditions to all other similarly-situated entities offering similar 
types of digital transmission services, except that the copyright owner 
may--
            ``(1) impose reasonable requirements for credit worthiness; 
        and
            ``(2) establish different prices, terms, and conditions to 
        take into account the types of services offered, the duration 
        of the license, the geographic region, the numbers of 
        subscribers served, and any other relevant factors.
    ``(i) No Effect on Royalties for Underlying Works.--License fees 
payable for the public performance of sound recordings under section 
106(6) 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. Royalties payable to copyright owners of musical works for 
the public performance of their works shall not be diminished in any 
respect as a result of the rights granted by section 106(6).
    ``(j) Definitions.--As used in this section, the following terms 
have the following meanings:
            ``(1) A `broadcast transmission' is a transmission made by 
        a broadcast station licensed as such by the Federal 
        Communications Commission.
            ``(2) An `interactive service' is one that enables a member 
        of the public to receive, on request, a transmission of a 
        particular sound recording chosen by or on behalf of the 
        recipient. The ability of individuals to request that 
        particular sound recordings be performed for reception by the 
        public at large does not make a service interactive. If an 
        entity offers both interactive and non-interactive services 
        (either concurrently or at different times), the non-
        interactive component shall not be treated as part of an 
        interactive service.
            ``(3) A `nonsubscription transmission' is any transmission 
        that is not a subscription transmission.
            ``(4) The `sound recording performance complement' is--
                    ``(A) in the case of an interactive service, the 
                capability of a member of the public to receive 
                transmissions, during a 1-week period, of no more than 
                the complement number; or
                    ``(B) in the case of a transmission other than in 
                the course of an interactive service, the transmission 
                consecutively of no more than the complement number.
            ``(5) The `complement number' is--
                    ``(A) 2 selections of sound recordings embodied in 
                any one phonorecord distributed in the United States 
                for ultimate sale to consumers; or
                    ``(B) 3 selections of sound recordings of 
                performances--
                            ``(i) by the same featured recording 
                        artist, or
                            ``(ii) embodied in any set of phonorecords 
                        or compilation of sound recordings marketed 
                        together as a unit for ultimate sale to 
                        consumers.
            ``(6) A `subscription transmission' is a transmission that 
        is controlled and limited to particular recipients, and for 
        which consideration is required to be paid or otherwise given 
        by or on behalf of the recipient to receive the transmission or 
        a package of transmissions that includes the transmission.''.

SEC. 4. SCOPE OF EXCLUSIVE RIGHTS IN NONDRAMATIC MUSICAL WORKS: 
              COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING 
              PHONORECORDS.

    Section 115 of title 17, United State Code, is amended--
            (1) by striking ``clause'' each place it appears and 
        inserting ``paragraph'';
            (2) in subsection (a)(1) by inserting before the period at 
        the end of the second sentence ``, including by means of a 
        digital phonorecord delivery'';
            (3) in the second sentence of subsection (c)(2), by 
        inserting ``and except as provided in paragraph (3),'' after 
        ``For this purpose,'';
            (4) in subsection (c) by redesignating paragraphs (3), (4), 
        and (5) as paragraphs (5), (6), and (7), respectively, and by 
        inserting after paragraph (2) the following:
            ``(3)(A) A compulsory license under this section includes 
        the right of the maker of a phonorecord of a nondramatic 
        musical work under subsection (a)(1) to distribute or authorize 
        distribution of the sound recording embodied in such 
        phonorecord by means of a digital transmission which 
        constitutes a digital phonorecord delivery. Such transmission 
        may also constitute a public performance of a nondramatic 
        musical work under section 106(4) and of a sound recording 
        under section 106(6).
            ``(B)(i) For every digital phonorecord delivery by or under 
        the authority of the compulsory licensee which is identifiable, 
        the royalty payable by the compulsory licensee shall be the 
        royalty prescribed under paragraph (2) and chapter 8 of this 
        title.
            ``(ii) For every digital phonorecord delivery by or under 
        the authority of the compulsory licensee which is not 
        identifiable but which can be reasonably expected to result 
        from a digital transmission of a sound recording, the royalty 
        payable by the compulsory licensee shall be the royalty 
        prescribed under paragraph (4).
            ``(iii) The Librarian of Congress shall prescribe 
        regulations describing the types of digital transmissions of a 
        sound recording which are described in clauses (i) and (ii). 
        Such regulations--
                    ``(I) shall take into account any efforts by 
                transmitters to avoid or evade the reasonable use of 
                available techniques to identify deliveries to 
                transmission recipients of phonorecords of sound 
                recordings, and
                    ``(II) may consider the nature of the digital 
                transmission service, its marketing 
practices, technical characteristics, or other indicia to determine 
whether it is described in clause (ii).
            ``(C) Independent of any right of public performance under 
        section 106(4), the copyright owner of a nondramatic musical 
        work embodied in a sound recording has the right to receive 
        royalty payments at the rates prescribed under this subsection 
        when the digital transmission of that sound recording 
        constitutes a digital phonorecord delivery. Unless authorized 
        by the copyright owner of the nondramatic musical work or by 
        any person who has obtained a compulsory license under this 
        section, such a digital transmission, by whomever made, shall 
        be actionable by the copyright owner in the nondramatic musical 
        work as an act of infringement, except that no such cause of 
        action may be brought against a copyright owner of a sound 
        recording unless it authorized the digital phonorecord 
        delivery. Any such cause of action shall be in addition to 
        remedies available to the copyright owner of the musical work 
        under section 106(4) and the copyright owner of the sound 
        recording with respect to digital phonorecord deliveries under 
        section 106(6).
            ``(D) Nothing in section 1008 shall be construed to prevent 
        the exercise of the rights and remedies allowed by this 
        paragraph, paragraph (7), and chapter 5 in the event of a 
        digital phonorecord delivery, except that no action alleging 
        infringement of copyright may be brought under this title 
        against a manufacturer, importer, or distributor of a digital 
        audio recording device, a digital audio recording medium, an 
        analog recording device, or an analog recording medium, or 
        against a consumer, based on the actions described in such 
        section.
            ``(E) Nothing in this section annuls or limits in any way--
                    ``(i) the exclusive right to publicly perform a 
                sound recording or the musical work embodied therein, 
                including by means of a digital transmission, under 
                sections 106(4) and 106(6),
                    ``(ii) except for the compulsory licensing under 
                the conditions specified by this section, the exclusive 
                rights to reproduce and distribute the sound recording 
                and the musical work embodied therein under sections 
                106(1) and 106(3), including by means of a digital 
                phonorecord delivery, or
                    ``(iii) any other rights under any other provision 
                of section 106, or remedies available under this title, 
                as such rights or remedies exist either before or after 
                the enactment of the Digital Performance in Sound 
                Recordings Act of 1995.
            ``(4) Licenses for certain digital phonorecord 
        deliveries.--
                    ``(A) Notwithstanding any provision of the 
                antitrust laws, for the purposes of this paragraph any 
                copyright owners of nondramatic musical works and any 
                persons entitled to obtain a compulsory license under 
                subsection (a)(1) may negotiate and agree upon the 
                terms and rates of royalty payments for any digital 
                phonorecord deliveries described in paragraph 
                (3)(B)(ii) and the proportionate division of fees paid 
                among copyright owners, and may designate common agents 
                to negotiate, agree to, pay, or receive such royalty 
                payments.
                    ``(B) Not later than 30 days after the date of the 
                enactment of the Digital Performance Right in Sound 
                Recordings Act of 1995, the Librarian of Congress shall 
                cause notice to be published in the Federal Register of 
                the initiation of voluntary negotiations for the 
                purpose of determining reasonable terms and rates of 
                royalty payments for the digital phonorecord deliveries 
                described in clause (3)(B)(ii) during the period 
                beginning on January 1, 1996, and ending on December 
                31, 1999. Such terms and rates shall distinguish among 
                the different types of digital phonorecord delivery 
                services then in operation. Any copyright owners of 
                nondramatic musical works and any persons entitled to 
                obtain a compulsory license under subsection (a)(1) may 
                submit to the Librarian of Congress licenses covering 
                activities with respect to such works. The parties to 
                each such negotiation proceeding shall bear the entire 
                costs thereof.
                    ``(C) In the absence of license agreements 
                negotiated under subparagraph (B), the Librarian of 
                Congress shall, pursuant to chapter 8, convene a 
                copyright arbitration royalty panel to determine and 
                publish in the Federal Register a schedule of rates and 
                terms which, subject to subparagraph (D), shall be 
                binding on all copyright owners of nondramatic musical 
                works and persons entitled to obtain a compulsory 
                license under subsection (a)(1). In establishing such 
                rates and terms the copyright arbitration royalty panel 
                may consider the rates for comparable types of digital 
                phonorecord delivery services and comparable 
                circumstances under voluntary license agreements 
                negotiated under subparagraph (B). The parties to the 
                proceeding shall bear the entire cost thereof in such 
                manner and proportion as the arbitration panel shall 
                direct. The Librarian of Congress shall also establish 
                requirements by which copyright owners shall receive 
                reasonable notice of the use of their works under this 
                subsection, and under which records of such use shall 
                be kept and made available by persons entitled to 
                obtain a compulsory license under subsection (a)(1) and 
                authorized to make digital phonorecord deliveries.
                    ``(D) License agreements voluntarily negotiated at 
                any time between one or more copyright owners of 
                nondramatic musical works and one or more persons 
                entitled to obtain a compulsory license under 
                subsection (a)(1) shall be given effect in lieu of any 
                determination by the Librarian of Congress under 
                chapter 8 that would otherwise apply.
                    ``(E) The procedures set forth in subparagraphs (B) 
                and (C) shall be repeated and concluded, in accordance 
                with regulations that the Librarian of Congress shall 
                prescribe--
                            ``(i) within the 6-month period beginning 
                        on the date on which a petition is filed by any 
                        copyright owners of nondramatic musical works 
                        or any person entitled to obtain a compulsory 
                        license under subsection (a)(1) affected by 
                        this section indicating that a new type of 
                        digital phonorecord delivery service is or is 
                        about to become operational, and
                            ``(ii) between June 30 and December 31 of 
                        the year 1999 and each fifth year 
                        thereafter.'';
            (5) by inserting after the first sentence in section (c)(6) 
        (as so redesignated) the following: ``In the case of digital 
        phonorecord deliveries described in paragraph (3)(B)(ii) for 
        which royalty fees have not been set, the compulsory licensee 
        shall pay, effective as of the initial delivery, such royalty 
        fees as shall later be determined in accordance with subsection 
        (c)(4), and any royalty payments in arrears shall be made on or 
        before the twentieth day of the month after the month in which 
        the royalty fees are set.''; and
            (6) by adding after subsection (c) the following:
    ``(d) Definition.--As used in this section, the term `digital 
phonorecord delivery' means each individual delivery of a phonorecord 
by digital transmission of a sound recording which--
            ``(1) results in an identifiable reproduction by or for any 
        transmission recipient of such sound recording, or
          ``(2) can be reasonably expected to result in a reproduction 
        by or for any transmission recipient of such sound recording 
        even though such delivery is not identifiable,
regardless of whether the digital transmission is also a public 
performance of the sound recording or any nondramatic musical work 
embodied therein. None of the exempt transmissions described in section 
114(d)(1) shall be considered a digital phonorecord delivery.''.

SEC. 5. CONFORMING AMENDMENTS.

    (a) Definitions.--Section 101 of title 17, United States Code, is 
amended by inserting after the definition of ``device'', ``machine'', 
or ``process'' the following:
            ``A `digital transmission' is a transmission in a digital 
        format. A retransmission in a nondigital format of a digital 
        transmission is not itself a digital transmission.''
    (b) Limitations on Exclusive Rights: Secondary Transmissions.--
Section 111(c)(1) 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''.
    (d) Copyright Arbitration Royalty Panels.--
            (1) Section 801(b)(1) of title 17, United States Code, is 
        amended in the first and second sentences by striking ``115'' 
        and inserting ``114, 115,''.
            (2) Section 802(c) of title 17, United States Code, is 
        amended in the third sentence by striking ``section 111, 116, 
        or 119,'' and inserting ``section 111, 114, 116, or 119, any 
        person entitled to a compulsory license under section 114(d), 
        any person entitled to a compulsory license under section 
        115,''.
            (3) Section 802(g) of title 17, United States Code, is 
        amended in the third sentence by striking ``115, 116, 118, 119, 
        or 1003'' and inserting ``114, 115, 116, 118, 119, and 1003''.
            (4) Section 802(h)(2) of title 17, United States Code, is 
        amended by inserting ``114,'' after ``111,''.

SEC. 6. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect 
January 1, 1996, except that the provisions of sections 114(e) and 
114(f) of title 17, United States Code, as added by section 3 of this 
Act, shall take effect on the date of the enactment of this Act.
                                 <all>
HR 1506 IH----2