,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bcba  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ab1 #bjad
 ,mr4 ,hatch 7for ,mr4 ,alexander 7for  
himself1 ,mr4 ,corker1 and ,mr4 ,hatch77
 introduced the following bill2 which   
was read twice and referred to the      
,committee on the ,judiciary  ,a ,,bill 
,to amend title #ag1 ,united ,states    
,code1 to ensure fairness in the        
establishment of certain rates and fees 
under sections #aad and #aae of such    
title1 and for other purposes4  #a4     
,short title  ,this ,act may be cited as
 the ,songwriter ,equity ,act of #bjad4 
#b4  ,effect on royalties for underlying
 works  ,section #aad7;i7 of title #ag1 
,united ,states ,code1 is amended to    
read as follows3  7i7  ,effect on       
royalties for underlying works  ,it is  
the intent of ,congress that royalties  
payable to copyright owners of musical  
works for the public performance of     
their works shall not be diminished in  
any respect as a result of the rights   

granted in section #ajf7f74  4  #c4     
,application to sections #aab7;e7 and   
#aad7;f7 sound recording proceedings    
7a7  ,proceedings not affected  ,neither
 section #b of this ,act nor the        
amendment made to section #aad7;i7 of   
title #ag1 ,united ,states ,code1 by    
such section #b shall be taken into     
account in any proceeding to set or     
adjust the rates and fees payable for   
the use of sound recordings under       
section #aab7;e7 or section #aad7;f7 of 
such title that is pending on1 or       
commenced on or after1 the date of the  
enactment of this ,act4  7b7  ,decisions
 and precedents not affected  ,neither  
section #b of this ,act nor the         
amendment made to section #aad7;i7 of   
title #ag1 ,united ,states ,code1 by    
such section #b shall have any effect   
upon the decisions1 or the precedents   
established or relied upon1 in any      
proceeding to set or adjust the rates   
and fees payable for the use of sound   
recordings under section #aab7;e7 or    

section #aad7;f7 of such title before   
the date of the enactment of this ,act4 
#d4  ,functions of copyright royalty    
judges  7a7  ,in general  ,section      
#hja7;b77#a7 of title #ag1 ,united      
,states ,code1 is amended by striking   
,the rates applicable under sections    
#aad7;f77#a77;,b71 #aae1 and #aaf shall 
be calculated to achieve the following  
objectives and inserting ,the rates     
applicable under sections               
#aad7;f77#a77;,b7 and #aaf shall be     
calculated to achieve the following     
objectives4  7b7  ,effective date  ,the 
amendment made by subsection 7a7 shall  
apply to any proceeding that is pending 
on1 or commenced on or after1 the date  
of the enactment of this ,act4  #e4     
,royalty payable under compulsory       
license  7a7  ,in general  ,section     
#aae7;c77#c77;,d7 of title #ag1 ,united 
,states ,code1 is amended by striking   
,in addition to the objectives set forth
 in section #hja7;b77#a71 in            
establishing such rates and terms1 the  

,copyright ,royalty ,judges may consider
 rates and terms under voluntary license
 agreements described in subparagraphs  
7,b7 and 7,c74 and inserting the        
following3 ,the ,copyright ,royalty     
,judges shall establish rates and terms 
that most clearly represent the rates   
and terms that would have been          
negotiated in the marketplace between a 
willing buyer and a willing seller4 ,in 
establishing such rates and terms1 the  
,copyright ,royalty ,judges shall base  
their decision on marketplace1 economic1
 and use information presented by the   
participants4 ,in establishing such     
rates and terms1 the ,copyright ,royalty
 ,judges may consider the rates and     
terms for comparable uses and comparable
 circumstances under voluntary license  
agreements44  7b7  ,effective date  ,the
 amendment made by subsection 7a7 shall 
apply to any proceeding that is pending 
on1 or commenced on or after1 the date  
of the enactment of this ,act4