[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 379 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 379

    To provide fair compensation to artists for use of their sound 
                              recordings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2009

Mr. Leahy (for himself, Mr. Hatch, Mrs. Feinstein, Mr. Corker, and Mrs. 
Boxer) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide fair compensation to artists for use of their sound 
                              recordings.

    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 Act''.

SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS.

    (a) Performance Right Applicable to Radio Transmissions 
Generally.--Section 106(6) of title 17, United States Code, is amended 
to read as follows:
            ``(6) in the case of sound recordings, to perform the 
        copyrighted work publicly by means of an audio transmission.''.
    (b) Inclusion of Terrestrial Broadcasts in Existing Performance 
Right.--Section 114(d)(1) of title 17, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``a digital'' and inserting ``an''; and
            (2) by striking subparagraph (A).
    (c) Inclusion of Terrestrial Broadcasts in Existing Statutory 
License System.--Section 114(j)(6) of title 17, United States Code, is 
amended by striking ``digital''.
    (d) Eliminating Regulatory Burdens for Terrestrial Broadcast 
Stations.--Section 114(d)(2) of title 17, United States Code, is 
amended in the matter preceding subparagraph (A) by striking 
``subsection (f) if'' and inserting ``subsection (f) if, other than for 
a nonsubscription and noninteractive broadcast transmission,''.

SEC. 3. SPECIAL TREATMENT FOR SMALL, NONCOMMERCIAL, EDUCATIONAL, AND 
              RELIGIOUS STATIONS AND CERTAIN USES.

    (a) Small, Noncommercial, Educational, and Religious Radio 
Stations.--
            (1) In general.--Section 114(f)(2) of title 17, United 
        States Code, is amended by adding at the end the following:
            ``(D) Notwithstanding the provisions of subparagraphs (A) 
        through (C), each individual terrestrial broadcast station that 
        has gross revenues in any calendar year of less than $1,250,000 
        may elect to pay for its over-the-air nonsubscription broadcast 
        transmissions a royalty fee of $5,000 per year, in lieu of the 
        amount such station would otherwise be required to pay under 
        this paragraph. Such royalty fee shall not be taken into 
        account in determining royalty rates in a proceeding under 
        chapter 8, or in any other administrative, judicial, or other 
        Federal Government proceeding.
            ``(E) Notwithstanding the provisions of subparagraphs (A) 
        through (C), each individual terrestrial broadcast station that 
        is a public broadcasting entity as defined in section 118(f) 
        may elect to pay for its over-the-air nonsubscription broadcast 
        transmissions a royalty fee of $1,000 per year, in lieu of the 
        amount such station would otherwise be required to pay under 
        this paragraph. Such royalty fee shall not be taken into 
        account in determining royalty rates in a proceeding under 
        chapter 8, or in any other administrative, judicial, or other 
        Federal Government proceeding.''.
            (2) Payment date.--A payment under subparagraph (D) or (E) 
        of section 114(f)(2) of title 17, United States Code, as added 
        by paragraph (1), shall not be due until the due date of the 
        first royalty payments for nonsubscription broadcast 
        transmissions that are determined, after the date of the 
        enactment of this Act, under such section 114(f)(2) by reason 
        of the amendment made by section 2(b)(2) of this Act.
    (b) Transmission of Religious Services; Incidental Uses of Music.--
Section 114(d)(1) of title 17, United States Code, as amended by 
section 2(b), is further amended by inserting the following before 
subparagraph (B):
                    ``(A) an eligible nonsubscription transmission of--
                            ``(i) services at a place of worship or 
                        other religious assembly; and
                            ``(ii) an incidental use of a musical sound 
                        recording;''.

SEC. 4. AVAILABILITY OF PER PROGRAM LICENSE.

    Section 114(f)(2)(B) of title 17, United States Code, is amended by 
inserting after the second sentence the following new sentence: ``Such 
rates and terms shall include a per program license option for 
terrestrial broadcast stations that make limited feature uses of sound 
recordings.''.

SEC. 5. NO HARMFUL EFFECTS ON SONGWRITERS.

    (a) Preservation of Royalties on Underlying Works.--Section 114(i) 
of title 17, United States Code, is amended in the second sentence by 
striking ``It is the intent of Congress that royalties'' and inserting 
``Royalties''.
    (b) Public Performance Rights and Royalties.--Nothing in this Act 
shall adversely affect in any respect the public performance rights of 
or royalties payable to songwriters or copyright owners of musical 
works.
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