[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4772 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4772

 To amend title 17, United States Code, to provide for the payment of 
royalties for the performance of sound recordings fixed before February 
                   15, 1972, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 29, 2014

 Mr. Holding (for himself, Mr. Conyers, Mr. Coble, Mrs. Blackburn, Ms. 
Chu, Mr. Cooper, Mr. Deutch, Mr. Gohmert, and Mr. Jeffries) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 17, United States Code, to provide for the payment of 
royalties for the performance of sound recordings fixed before February 
                   15, 1972, 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 ``Respecting Senior Performers as 
Essential Cultural Treasures Act'' or the ``RESPECT Act''.

SEC. 2. PAYMENT FOR USE OF CERTAIN SOUND RECORDINGS.

    Section 114(f)(4) of title 17, United States Code, is amended by 
adding at the end the following:
            ``(D)(i) Any person publicly performing sound recordings 
        protected under this title by means of transmissions under a 
        statutory license under this section, or making reproductions 
        of such sound recordings under section 112(e), shall make 
        royalty payments for transmissions that person makes of sound 
        recordings that were fixed before February 15, 1972, and 
        reproductions that person makes of those sound recordings under 
        the circumstances described in section 112(e)(1), in the same 
        manner as such person does for sound recordings that are 
        protected under this title.
            ``(ii) If a person fails to make royalty payments described 
        in clause (i) for sound recordings fixed before February 15, 
        1972, there shall be available, in addition to any remedy that 
        may be available under the laws of any State, a civil action in 
        an appropriate United States district court for recovery 
        limited to the payments described in clause (i), in addition to 
        interest, costs, and attorneys' fees. Any such recovery that is 
        obtained shall be offset against any recovery for such 
        violation that may be available under the laws of any State.
            ``(iii) No action may be brought under the laws of any 
        State against a transmitting entity alleging infringement of a 
        right equivalent to the right granted in section 106(6) based 
        on a public performance of a sound recording fixed before 
        February 15, 1972, or alleging infringement of a right 
        equivalent to the right granted in section 106(1) based on a 
        reproduction of such a sound recording, if--
                    ``(I) the performance would have been subject to 
                statutory licensing under subsection (d)(2) if the 
                sound recording had been first fixed on or after 
                February 15, 1972;
                    ``(II) the reproduction would have been subject to 
                statutory licensing under section 112(e)(1) if the 
                sound recording had been first fixed on or after 
                February 15, 1972;
                    ``(III) the transmitting entity has satisfied the 
                requirements for statutory licensing under subparagraph 
                (B) and section 112(e)(6); and
                    ``(IV) the applicable royalty was paid and 
                accounted for under this subparagraph.
            ``(iv) This subparagraph does not confer copyright 
        protection under this title upon sound recordings that were 
        fixed before February 15, 1972. Such sound recordings are 
        subject to the protection available under the laws of the 
        States, and except as provided in clause (iii), are not subject 
        to any limitation of rights or remedies, or any defense, 
        provided under this title.
            ``(v) This subparagraph shall have no effect with respect 
        to any public performance that is made of a sound recording, or 
        reproduction that is made of a sound recording under the 
        circumstances described in section 112(e)(1), on or after 
        February 15, 2067.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply to performances and 
reproductions of sound recordings occurring on or after the date of the 
enactment of this Act.
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