[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5275 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5275

    To amend Title 17, United States Code, with respect to personal 
interactive performances of recorded nondramatic musical works, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2000

 Mr. Boucher (for himself, Mr. Burr of North Carolina, Mr. LaHood, and 
  Mr. Upton) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend Title 17, United States Code, with respect to personal 
interactive performances of recorded nondramatic musical works, 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 ``Music Owners' Listening Rights Act 
of 2000''.

SECTION 2. PERSONAL INTERACTIVE PERFORMANCES.

    (a) In General.--Chapter 1 of title 17, United States Code, is 
amended by adding after section 122 the following new section:
``Sec. 123. Limitation on exclusive rights; personal interactive 
              performances
    ``(a) Personal Interactive Performances.--Notwithstanding the 
provisions of section 106--
            ``(1) the transmission of a personal interactive 
        performance of a sound recording, and of any nondramatic 
        musical works embodied therein, is not an infringement of 
        copyright; and
            ``(2) it is not an infringement of copyright for a 
        transmitting organization that transmits a personal interactive 
        performance to make or cause to be made phonorecords or copies 
        of a sound recording and any nondramatic musical works embodied 
        therein if such phonorecords and copies are used by the 
        transmitting organization solely in connection with the 
        transmission of personal interactive performances.
    ``(b) As used in this section, the term `personal interactive 
performance' means the performance of a sound recording and the 
nondramatic musical works embodied therein by means of a digital 
transmission and includes any digital phonorecord deliveries associated 
with such transmission, provided that the transmission is received only 
by a recipient who has provided to the transmitting organization proof 
that the recipient lawfully possesses a phonorecord of such sound 
recording and who has conveyed to the transmitting organization a 
specific request to receive the transmission of the performance.''.
    (b) Technical and Conforming Amendments.--
            (1) The table of sections for chapter 1 of title 17, United 
        States Code, is amended by adding after the item relating to 
        section 122 the following:

``123. Limitations on exclusive rights; personal interactive 
                            performances.''.
            (2) Sections 106, 501(a), and 511(a) of title 17, United 
        States Code, are each amended by striking ``121'' and inserting 
        ``123''.
            (3) Section 2319(e)(2) of title 18, United States Code, is 
        amended by striking ``120'' and inserting ``123''.
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