[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11672-S11675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  COPYRIGHT TERM EXTENSION ACT OF 1997

  Mr. LOTT. I renew my unanimous consent request that the Judiciary 
Committee be discharged from further consideration of S. 505, and that 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       A bill (S. 505) to amend the provisions of title 17, United 
     States Code, with respect to the duration of copyright, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3782

  Mr. LOTT. Senator Hatch has a substitute amendment at the desk. I ask 
for its consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Hatch, 
     proposes an amendment numbered 3782.

  Mr. LOTT. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. LEAHY. Madam President, I am delighted that the Senate is finally 
considering the Copyright Term Extension Act.
  Copyright has been the engine that has traditionally converted the 
energy of artistic creativity into publicly available art and 
entertainment. Historically, government's role has been to encourage 
creativity and innovation by protecting rights that create incentives 
for such activity through copyright.
  On July 1, 1995, the European Union issued a directive to its member 
countries mandating a copyright term of 20 years longer than the term 
in the U.S. As a result, the E.U. will not have to guard American works 
beyond the American term limit, whereas European works will have 20 
years more security and revenues in the marketplace.
  The songwriter Carlos Santana put it eloquently in his statement 
submitted to the Senate Judiciary Committee three years ago on this 
subject, ``As an American songwriter whose works are performed 
throughout the world, I find it unacceptable that I am accorded 
inferior copyright protection in the world marketplace.''
  His reasons are as relevant today as the day he made that statement. 
The 1998 Report on Copyright Industries in the U.S. Economy issued by 
the International Intellectual Property Alliance indicates just how 
important the U.S. copyright industries are today to American jobs and 
the economy and, therefore, how important it is for the U.S. to give 
its copyright industries at least the level of protection that is 
enjoyed by European Union industries.
  The Report indicates that from the years 1977 through 1996, the U.S. 
copyright industries' share of the gross national product grew more 
than twice as fast as the remainder of the economy. During those same 
20 years, job growth in core copyright industries was nearly three 
times the employment growth in the economy as a whole. These statistics 
underscore why it is so important that we finally pass this legislation 
today.
  I cosponsored the original Senate copyright term legislation, the 
Copyright Term Extension Act of 1995, S. 483. The Senate Judiciary 
Committee held a hearing on that bill on September 20, 1995. At that 
hearing, we heard the testimony of Marybeth Peters, Register of 
Copyrights, and Bruce Lehman, Assistant Secretary of Commerce and 
Commissioner of the Patent and

[[Page S11673]]

Trademark Office. We also heard testimony of Jack Valenti, President 
and CEO of the Motion Picture Association of America, Alan Menken, a 
composer and lyricist, Patrick Alger, President of the Nashville 
Songwriters Association International, and Peter Jaszi, Professor at 
American University, Washington, College of Law. That bill was 
favorably reported to the Senate, and the Committee filed its report, 
Senate Report No. 104-315, on May 23, 1996.
  Alert to the possibility that copyright term extension could impose 
unintended costs, I, along with Senators Kennedy, Dodd, Brown and 
Simpson, asked Marybeth Peters, Register of Copyrights, and Daniel 
Mulhollan, Director of Congressional Research Service, to conduct a 
study and issue a report to Congress on the financial implications of 
copyright term extension. The Congressional Research Service issued its 
report on February 17, 1998, and the Copyright Office issued its report 
February 23, 1998.
  This Congress, I introduced the Copyright Term Extension Act, S. 505, 
on March 20, 1997, along with Senators Hatch, D'Amato, Thompson, 
Abraham and Feinstein. Despite the merits of passing copyright term 
extension legislation, the bill has been held hostage to other matters 
far too long. In the global world of the next century, competition in 
the realm of intellectual property will reach a ferocity even more 
ruthless than it is today. Congress should equip American creators with 
a full measure of protection for their copyrighted works, else U.S. 
intellectual property owners are reduced in their reach and their 
effectiveness. I am therefore pleased that the Senate is finally 
considering the Copyright Term Extension Act, and I urge its passage.
  Mr. KENNEDY. Madam President, I am pleased that the Senate is 
enacting this legislation to extend the period of copyright protection 
for an additional twenty years. This extension is needed to coordinate 
the term of copyright for our creative authors and artists with their 
European counterparts.
  The principles of copyright are established in the Constitution. They 
reflect our enduring belief that our nation prospers when it advances 
knowledge, understanding and the arts. As President Kennedy said, 
``There is a connection, hard to explain logically but easy to feel, 
between achievement in public life and progress in the arts. The age of 
Pericles was also the age of Phidias. The age of Lorenzo de Medici was 
also the age of Leonardo da Vinci. The age of Elizabeth was also the 
age of Shakespeare.''
  Effective copyright protection is an important national priority. If 
the United States is to continue its leadership in world of ideas and 
creativity, we must continue to provide a climate that encourages 
America's authors, artists, inventors and composers and the important 
work that they do.
  The pending legislation also includes an important compromise on the 
music licensing issue that has prevented adoption of copyright term 
legislation until now. I am pleased that agreement has been reached 
between the business and the music licensing communities so that 
musical authors and composers can enjoy an appropriate return from 
their creative achievements.
  Finally, the bill also includes an important reference to the current 
negotiations between the film industry and its guilds. It is gratifying 
that negotiations will be taking place on the appropriate division of 
residuals from the earliest films, and I hope that the negotiations 
will be resolved to the satisfaction of both sides on this important 
issue of fairness.
  Overall, I commend the bipartisan cooperation that has produced this 
worthwhile legislation. Our cultural heritage will be strengthened by 
this measure, and I urge the Senate to approve it.
  Mr. THURMOND. Madam President, I wish to express my support for S. 
505, the Copyright Term Extension Act, as amended. I wish to thank the 
Majority Leader, Senator Hatch, and others in the Senate for their 
commitment to this important issue. I also wish to thank Speaker 
Gingrich, Congressman Sensenbrenner, and others in the House for their 
hard work in this regard.
  This bill will greatly benefit the American copyright community by 
making our copyright term protections consistent with Europe. At the 
same time, it provides meaningful relief to small businesses, including 
restaurants, hair salons, and many other establishments, regarding 
licensing fees for broadcast music. It exempts eating and drinking 
establishments to a certain square footage and other establishments to 
a certain square footage of a lesser degree. It also creates a fairer 
venue for rate dispute resolution through the circuit court venue.
  It is also my understanding that nothing in Section 512(4) of the 
Copyright Act, as amended by the bill, is intended to change the burden 
of proof with respect to rates or fees under applicable consent 
decrees, which places the burden of showing a reasonable rate or fee on 
the performing rights society.
  The agreement is not nearly as extensive as S. 28, the Fairness in 
Musical Licensing Act, which I introduced at the start of this 
Congress. However, this legislation represents a fair compromise to 
this important and complex issue of National significance. I am pleased 
that we have reached this resolution.
  Mr. LOTT. I ask unanimous consent that the amendment be agreed to, 
the bill be read a third time and passed, as amended, the motion to lay 
on the table be agreed to, and any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3782) was agreed to.
  The bill (S. 505), as amended, was passed, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
                   TITLE I--COPYRIGHT TERM EXTENSION

     SEC. 101. SHORT TITLE.

       This title may be referred to as the ``Sonny Bono Copyright 
     Term Extension Act''.

     SEC. 102. DURATION OF COPYRIGHT PROVISIONS.

       (a) Preemption With Respect to Other Laws.--Section 301(c) 
     of title 17, United States Code, is amended by striking 
     ``February 15, 2047'' each place it appears and inserting 
     ``February 15, 2067''.
       (b) Duration of Copyright: Works Created on or After 
     January 1, 1978.--Section 302 of title 17, United States 
     Code, is amended--
       (1) in subsection (a) by striking ``fifty'' and inserting 
     ``70'';
       (2) in subsection (b) by striking ``fifty'' and inserting 
     ``70'';
       (3) in subsection (c) in the first sentence--
       (A) by striking ``seventy-five'' and inserting ``95''; and
       (B) by striking ``one hundred'' and inserting ``120''; and
       (4) in subsection (e) in the first sentence--
       (A) by striking ``seventy-five'' and inserting ``95'';
       (B) by striking ``one hundred'' and inserting ``120''; and
       (C) by striking ``fifty'' each place it appears and 
     inserting ``70''.
       (c) Duration of Copyright: Works Created but Not Published 
     or Copyrighted Before January 1, 1978.--Section 303 of title 
     17, United States Code, is amended in the second sentence by 
     striking ``December 31, 2027'' and inserting ``December 31, 
     2047''.
       (d) Duration of Copyright: Subsisting Copyrights.--
       (1) In general.--Section 304 of title 17, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in subparagraph (B) by striking ``47'' and inserting 
     ``67''; and
       (II) in subparagraph (C) by striking ``47'' and inserting 
     ``67'';

       (ii) in paragraph (2)--

       (I) in subparagraph (A) by striking ``47'' and inserting 
     ``67''; and
       (II) in subparagraph (B) by striking ``47'' and inserting 
     ``67''; and

       (iii) in paragraph (3)--

       (I) in subparagraph (A)(i) by striking ``47'' and inserting 
     ``67''; and
       (II) in subparagraph (B) by striking ``47'' and inserting 
     ``67'';

       (B) by amending subsection (b) to read as follows:
       ``(b) Copyrights in Their Renewal Term at the Time of the 
     Effective Date of the Sonny Bono Copyright Term Extension 
     Act.--Any copyright still in its renewal term at the time 
     that the Sonny Bono Copyright Term Extension Act becomes 
     effective shall have a copyright term of 95 years from the 
     date copyright was originally secured.'';
       (C) in subsection (c)(4)(A) in the first sentence by 
     inserting ``or, in the case of a termination under subsection 
     (d), within the five-year period specified by subsection 
     (d)(2),'' after ``specified by clause (3) of this 
     subsection,''; and
       (D) by adding at the end the following new subsection:
       ``(d) Termination Rights Provided in Subsection (c) Which 
     Have Expired on or Before the Effective Date of the Sonny 
     Bono Copyright Term Extension Act.--In the case of any 
     copyright other than a work made for hire, subsisting in its 
     renewal term on the effective date of the Sonny Bono 
     Copyright Term Extension Act for which the

[[Page S11674]]

     termination right provided in subsection (c) has expired by 
     such date, where the author or owner of the termination right 
     has not previously exercised such termination right, the 
     exclusive or nonexclusive grant of a transfer or license of 
     the renewal copyright or any right under it, executed before 
     January 1, 1978, by any of the persons designated in 
     subsection (a)(1)(C) of this section, other than by will, is 
     subject to termination under the following conditions:
       ``(1) The conditions specified in subsection (c)(1), (2), 
     (4), (5), and (6) of this section apply to terminations of 
     the last 20 years of copyright term as provided by the 
     amendments made by the Sonny Bono Copyright Term Extension 
     Act.
       ``(2) Termination of the grant may be effected at any time 
     during a period of 5 years beginning at the end of 75 years 
     from the date copyright was originally secured.''.
       (2) Copyright amendments act of 1992.--Section 102 of the 
     Copyright Amendments Act of 1992 (Public Law 102-307; 106 
     Stat. 266; 17 U.S.C. 304 note) is amended--
       (A) in subsection (c)--
       (i) by striking ``47'' and inserting ``67'';
       (ii) by striking ``(as amended by subsection (a) of this 
     section)''; and
       (iii) by striking ``effective date of this section'' each 
     place it appears and inserting ``effective date of the Sonny 
     Bono Copyright Term Extension Act''; and
       (B) in subsection (g)(2) in the second sentence by 
     inserting before the period the following: ``, except each 
     reference to forty-seven years in such provisions shall be 
     deemed to be 67 years''.

     SEC. 103. TERMINATION OF TRANSFERS AND LICENSES COVERING 
                   EXTENDED RENEWAL TERM.

       Sections 203(a)(2) and 304(c)(2) of title 17, United States 
     Code, are each amended--
       (1) by striking ``by his widow or her widower and his or 
     her children or grandchildren''; and
       (2) by inserting after subparagraph (C) the following:
       ``(D) In the event that the author's widow or widower, 
     children, and grandchildren are not living, the author's 
     executor, administrator, personal representative, or trustee 
     shall own the author's entire termination interest.''.

     SEC. 104. REPRODUCTION BY LIBRARIES AND ARCHIVES.

       Section 108 of title 17, United States Code, is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h)(1) For purposes of this section, during the last 20 
     years of any term of copyright of a published work, a library 
     or archives, including a nonprofit educational institution 
     that functions as such, may reproduce, distribute, display, 
     or perform in facsimile or digital form a copy or phonorecord 
     of such work, or portions thereof, for purposes of 
     preservation, scholarship, or research, if such library or 
     archives has first determined, on the basis of a reasonable 
     investigation, that none of the conditions set forth in 
     subparagraphs (A), (B), and (C) of paragraph (2) apply.
       ``(2) No reproduction, distribution, display, or 
     performance is authorized under this subsection if--
       ``(A) the work is subject to normal commercial 
     exploitation;
       ``(B) a copy or phonorecord of the work can be obtained at 
     a reasonable price; or
       ``(C) the copyright owner or its agent provides notice 
     pursuant to regulations promulgated by the Register of 
     Copyrights that either of the conditions set forth in 
     subparagraphs (A) and (B) applies.
       ``(3) The exemption provided in this subsection does not 
     apply to any subsequent uses by users other than such library 
     or archives.''.

     SEC. 105. VOLUNTARY NEGOTIATION REGARDING DIVISION OF 
                   ROYALTIES.

       It is the sense of the Congress that copyright owners of 
     audiovisual works for which the term of copyright protection 
     is extended by the amendments made by this title, and the 
     screenwriters, directors, and performers of those audiovisual 
     works, should negotiate in good faith in an effort to reach a 
     voluntary agreement or voluntary agreements with respect to 
     the establishment of a fund or other mechanism for the amount 
     of remuneration to be divided among the parties for the 
     exploitation of those audiovisual works.

     SEC. 106. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on the date of the enactment of this Act.
   TITLE II--MUSIC LICENSING EXEMPTION FOR FOOD SERVICE OR DRINKING 
                             ESTABLISHMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Fairness In Music 
     Licensing Act of 1998.''

     SEC. 202. EXEMPTIONS.

       (a) Exemptions for Certain Establishments.--Section 110 of 
     title 17, United States Code is amended--
       (1) in paragraph (5)--
       (A) by striking ``(5)'' and inserting ``(5)(A) except as 
     provided in subparagraph (B),''; and
       (B) by adding at the end the following:
       ``(B) communication by an establishment of a transmission 
     or retransmission embodying a performance or display of a 
     nondramatic musical work intended to be received by the 
     general public, originated by a radio or television broadcast 
     station licensed as such by the Federal Communications 
     Commission, or, if an audiovisual transmission, by a cable 
     system or satellite carrier, if--
       ``(i) in the case of an establishment other than a food 
     service or drinking establishment, either the establishment 
     in which the communication occurs has less than 2000 gross 
     square feet of space (excluding space used for customer 
     parking and for no other purpose), or the establishment in 
     which the communication occurs has 2000 or more gross square 
     feet of space (excluding space used for customer parking and 
     for no other purpose) and--

       ``(I) if the performance is by audio means only, the 
     performance is communicated by means of a total of not more 
     than 6 loudspeakers, of which not more than 4 loudspeakers 
     are located in any 1 room or adjoining outdoor space; or
       ``(II) if the performance or display is by audiovisual 
     means, any visual portion of the performance or display is 
     communicated by means of a total of not more than 4 
     audiovisual devices, of which not more than one audiovisual 
     device is located in any 1 room, and no such audiovisual 
     device has a diagonal screen size greater than 55 inches, and 
     any audio portion of the performance or display is 
     communicated by means of a total of not more than 6 
     loudspeakers, of which not more than 4 loudspeakers are 
     located in any 1 room or adjoining outdoor space;

       ``(ii) in the case of a food service or drinking 
     establishment, either the establishment in which the 
     communication occurs has less than 3750 gross square feet of 
     space (excluding space used for customer parking and for no 
     other purpose), or the establishment in which the 
     communication occurs has 3750 gross square feet of space or 
     more (excluding space used for customer parking and for no 
     other purpose) and--

       ``(I) if the performance is by audio means only, the 
     performance is communicated by means of a total of not more 
     than 6 loudspeakers, of which not more than 4 loudspeakers 
     are located in any 1 room or adjoining outdoor space; or
       ``(II) if the performance or display is by audiovisual 
     means, any visual portion of the performance or display is 
     communicated by means of a total of not more than 4 
     audiovisual devices, of which not more than one audiovisual 
     device is located in any 1 room, and no such audiovisual 
     device has a diagonal screen size greater than 55 inches, and 
     any audio portion of the performance or display is 
     communicated by means of a total of not more than 6 
     loudspeakers, of which not more than 4 loudspeakers are 
     located in any 1 room or adjoining outdoor space;

       ``(iii) no direct charge is made to see or hear the 
     transmission or retransmission;
       ``(iv) the transmission or retransmission is not further 
     transmitted beyond the establishment where it is received; 
     and
       ``(v) the transmission or retransmission is licensed by the 
     copyright owner of the work so publicly performed or 
     displayed;''; and
       (2) by adding after paragraph (10) the following:

     ``The exemptions provided under paragraph (5) shall not be 
     taken into account in any administrative, judicial, or other 
     governmental proceeding to set or adjust the royalties 
     payable to copyright owners for the public performance or 
     display of their works. Royalties payable to copyright owners 
     for any public performance or display of their works other 
     than such performances or displays as are exempted under 
     paragraph (5) shall not be diminished in any respect as a 
     result of such exemption''.
       (b) Exemption Relating to Promotion.--Section 110(7) of 
     title 17, United States Code, is amended by inserting ``or of 
     the audiovisual or other devices utilized in such 
     performance,'' after ``phonorecords of the work,''.

     SEC. 203. LICENSING BY PERFORMING RIGHTS SOCIETIES.

       (a) In General.--Chapter 5 of title 17, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 512. Determination of reasonable license fees for 
       individual proprietors

       ``In the case of any performing rights society subject to a 
     consent decree which provides for the determination of 
     reasonable license rates or fees to be charged by the 
     performing rights society, notwithstanding the provisions of 
     that consent decree, an individual proprietor who owns or 
     operates fewer than 7 non-publicly traded establishments in 
     which nondramatic musical works are performed publicly and 
     who claims that any license agreement offered by that 
     performing rights society is unreasonable in its license rate 
     or fee as to that individual proprietor, shall be entitled to 
     determination of a reasonable license rate or fee as follows:
       ``(1) The individual proprietor may commence such 
     proceeding for determination of a reasonable license rate or 
     fee by filing an application in the applicable district court 
     under paragraph (2) that a rate disagreement exists and by 
     serving a copy of the application on the performing rights 
     society. Such proceeding shall commence in the applicable 
     district court within 90 days after the service of such copy, 
     except that such 90-day requirement shall be subject to the 
     administrative requirements of the court.
       ``(2) The proceeding under paragraph (1) shall be held, at 
     the individual proprietor's election, in the judicial 
     district of the district court with jurisdiction over the 
     applicable consent decree or in that place of holding court 
     of a district court that is the seat

[[Page S11675]]

     of the Federal circuit (other than the Court of Appeals for 
     the Federal Circuit) in which the proprietor's establishment 
     is located.
       ``(3) Such proceeding shall be held before the judge of the 
     court with jurisdiction over the consent decree governing the 
     performing rights society. At the discretion of the court, 
     the proceeding shall be held before a special master or 
     magistrate judge appointed by such judge. Should that consent 
     decree provide for the appointment of an advisor or advisors 
     to the court for any purpose, any such advisor shall be the 
     special master so named by the court.
       ``(4) In any such proceeding, the industry rate shall be 
     presumed to have been reasonable at the time it was agreed to 
     or determined by the court. Such presumption shall in no way 
     affect a determination of whether the rate is being correctly 
     applied to the individual proprietor.
       ``(5) Pending the completion of such proceeding, the 
     individual proprietor shall have the right to perform 
     publicly the copyrighted musical compositions in the 
     repertoire of the performing rights society by paying an 
     interim license rate or fee into an interest bearing escrow 
     account with the clerk of the court, subject to retroactive 
     adjustment when a final rate or fee has been determined, in 
     an amount equal to the industry rate, or, in the absence of 
     an industry rate, the amount of the most recent license rate 
     or fee agreed to by the parties.
       ``(6) Any decision rendered in such proceeding by a special 
     master or magistrate judge named under paragraph (3) shall be 
     reviewed by the judge of the court with jurisdiction over the 
     consent decree governing the performing rights society. Such 
     proceeding, including such review, shall be concluded within 
     6 months after its commencement.
       ``(7) Any such final determination shall be binding only as 
     to the individual proprietor commencing the proceeding, and 
     shall not be applicable to any other proprietor or any other 
     performing rights society, and the performing rights society 
     shall be relieved of any obligation of nondiscrimination 
     among similarly situated music users that may be imposed by 
     the consent decree governing its operations.
       ``(8) An individual proprietor may not bring more than one 
     proceeding provided for in this section for the determination 
     of a reasonable license rate or fee under any license 
     agreement with respect to any one performing rights society.
       ``(9) For purposes of this section, the term `industry 
     rate' means the license fee a performing rights society has 
     agreed to with, or which has been determined by the court 
     for, a significant segment of the music user industry to 
     which the individual proprietor belongs.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of title 17, United States Code, is 
     amended by adding after the item relating to section 511 the 
     following:

``512. Determination of reasonable license fees for individual 
              proprietors.''.

     SEC. 204. PENALTIES.

       Section 504 of title 17, United States Code, is amended by 
     adding at the end the following:
       ``(d) Additional Damages in Certain Cases.--In any case in 
     which the court finds that a defendant proprietor of an 
     establishment who claims as a defense that its activities 
     were exempt under section 110(5) did not have reasonable 
     grounds to believe that its use of a copyrighted work was 
     exempt under such section, the plaintiff shall be entitled 
     to, in addition to any award of damages under this section, 
     an additional award of two times the amount of the license 
     fee that the proprietor of the establishment concerned should 
     have paid the plaintiff for such use during the preceding 
     period of up to 3 years.''.

     SEC. 205. DEFINITIONS.

       Section 101 of title 17, United States Code, is amended--
       (1) by inserting after the definition of ``display'' the 
     following:
       ``An `establishment' is a store, shop, or any similar place 
     of business open to the general public for the primary 
     purpose of selling goods or services in which the majority of 
     the gross square feet of space that is nonresidential is used 
     for that purpose, and in which nondramatic musical works are 
     performed publicly.
       ``A `food service or drinking establishment' is a 
     restaurant, inn, bar, tavern, or any other similar place of 
     business in which the public or patrons assemble for the 
     primary purpose of being served food or drink, in which the 
     majority of the gross square feet of space that is 
     nonresidential is used for that purpose, and in which 
     nondramatic musical works are performed publicly.'';
       (2) by inserting after the definition of ``fixed'' the 
     following:
       ``The `gross square feet of space' of an establishment 
     means the entire interior space of that establishment, and 
     any adjoining outdoor space used to serve patrons, whether on 
     a seasonal basis or otherwise.'';
       (3) by inserting after the definition of ``perform'' the 
     following:
       ``A `performing rights society' is an association, 
     corporation, or other entity that licenses the public 
     performance of nondramatic musical works on behalf of 
     copyright owners of such works, such as the American Society 
     of Composers, Authors and Publishers (ASCAP), Broadcast 
     Music, Inc. (BMI), and SESAC, Inc.''; and
       (4) by inserting after the definition of ``pictorial, 
     graphic and sculptural works'' the following:
       ``A `proprietor' is an individual, corporation, 
     partnership, or other entity, as the case may be, that owns 
     an establishment or a food service or drinking establishment, 
     except that no owner or operator of a radio or television 
     station licensed by the Federal Communications Commission, 
     cable system or satellite carrier, cable or satellite carrier 
     service or programmer, provider of online services or network 
     access or the operator of facilities therefor, 
     telecommunications company, or any other such audio or 
     audiovisual service or programmer now known or as may be 
     developed in the future, commercial subscription music 
     service, or owner or operator of any other transmission 
     service, shall under any circumstances be deemed to be a 
     proprietor.''.

     SEC. 206. CONSTRUCTION OF TITLE.

       Except as otherwise provided in this title, nothing in this 
     title shall be construed to relieve any performing rights 
     society of any obligation under any State or local statute, 
     ordinance, or law, or consent decree or other court order 
     governing its operation, as such statute, ordinance, law, 
     decree, or order is in effect on the date of the enactment of 
     this Act, as it may be amended after such date, or as it may 
     be issued or agreed to after such date.

     SEC. 207. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 90 days after the date of the enactment of this Act.

  Mr. LOTT. Again, Madam President, I thank the Senator from Vermont 
for his cooperation and his allowing us to go ahead and proceed quickly 
on this very important matter.
  I yield the floor.
  Mr. LEAHY. Madam President, I thank the Senator from Mississippi. I 
think we are clearing a lot of things.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. McCAIN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Ms. Collins). Without objection, it is so 
ordered.

                          ____________________