[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3649 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3649

 To amend section 114 of title 17, United States Code, to provide for 
agreements for the reproduction and performance of sound recordings by 
                              webcasters.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 17), 2008

  Mr. Wyden (for himself and Mr. Brownback) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 114 of title 17, United States Code, to provide for 
agreements for the reproduction and performance of sound recordings by 
                              webcasters.

    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 ``Webcaster Settlement Act of 2008''.

SEC. 2. AGREEMENTS ON BEHALF OF WEBCASTERS.

    Section 114(f)(5) of title 17, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``small commercial'' each place it 
                appears and inserting ``commercial'';
                    (B) by striking ``during the period beginning on 
                October 28, 1998, and ending on December 31, 2004'' and 
                inserting ``for a period of not more than 11 years 
                beginning on January 1, 2005'';
                    (C) by striking ``a copyright arbitration royalty 
                panel or decision by the Librarian of Congress'' and 
                inserting ``the Copyright Royalty Judges''; and
                    (D) in the second sentence, by striking 
                ``webcasters shall include'' and inserting ``webcasters 
                may include'';
            (2) in subparagraph (B), by striking ``small commercial'' 
        and inserting ``commercial'';
            (3) in subparagraph (C)--
                    (A) by striking ``Librarian of Congress'' and 
                inserting ``Copyright Royalty Judges'';
                    (B) by striking ``small webcasters'' and inserting 
                ``webcasters''; and
                    (C) by adding at the end the following: ``This 
                subparagraph shall not apply to the extent that the 
                receiving agent and a webcaster that is party to an 
                agreement entered into pursuant to subparagraph (A) 
                expressly authorize the submission of the agreement in 
                a proceeding under this subsection.'';
            (4) in subparagraph (D)--
                    (A) by striking ``the Small Webcasters Settlement 
                Act of 2002'' and inserting ``the Webcaster Settlement 
                Act of 2008'' ; and
                    (B) by striking ``Librarian of Congress of July 8, 
                2002'' and inserting ``Copyright Royalty Judges of May 
                1, 2007''; and
            (5) in subparagraph (F), by striking ``December 15, 2002'' 
        and all that follows through ``2003'' and inserting ``February 
        15, 2009''.
                                 <all>