[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Page 15411]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    WEBCASTER SETTLEMENT ACT OF 2009

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to H.R. 2344.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2344) to amend section 114 of title 17, United 
     States Code, to provide for agreements for the reproduction 
     and performance of sound recordings by webcasters.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, the Webcaster Settlement Act of 2009 will 
provide the recording industry and webcasters the additional time they 
need to reach a mutually beneficial agreement on webcasting rates. I am 
pleased that Congress has acted swiftly on this legislation.
  I have long championed the development of new business models for 
transmitting music to the public. Webcasters are able to offer a range 
of music to consumers in a form that can compete with traditional 
broadcast radio and satellite radio. As webcasting and webcasters 
flourish, the performers whose music is attracting listeners deserve 
compensation.
  In March 2007, the Copyright Royalty Board determined the rates 
applicable to webcasters through 2010. Webcasters large and small 
expressed serious concerns that the new rates would threaten their 
viability. I encouraged all parties at that time to negotiate and reach 
an agreement on rates that would compensate recording artists while 
allowing webcasters to prosper. The Copyright Royalty Board process is 
intended as a backstop when parties cannot reach agreements. All 
parties, and the listening public, benefit when private sector 
agreements are reached.
  Last year, Congress passed an extension similar to the one we pass 
today. It paved the way for agreements between SoundExchange, on behalf 
of the recording industry, and the National Association of 
Broadcasters, the Corporation for Public Broadcasting, and a group of 
small webcasters.
  I am pleased that both webcasters and the recording industry are 
promoting this legislation. I have said before that I would not 
sanction a legislative readjustment of rates because one party is 
dissatisfied with the results. By passing this extension today, 
Congress is returning the authority to set rates to the creators and 
distributors of the music we all enjoy.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read three times and passed, the motion to reconsider be laid upon the 
table, with no intervening action or debate, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 2344) was ordered to a third reading, was read the 
third time, and passed.

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