,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ccja ,,in ,,the ,,house ,,of ,,representatives ,july #ai1 #bjag,mr4 ,issa 7for himself1 ,mr4 ,nadler1 ,mr4 ,conyers1 ,mrs4 ,blackburn1 ,mr4 ,thomas ,j4 ,rooney of ,florida1 and ,mr4 ,deutch7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to provide ,federal protection to the digital audio transmission of a sound recording fixed before ,february #ae1 #aigb1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,compensating ,legacy ,artists for their ,songs1 ,service1 and ,important ,contributions to ,society ,act or the ,,classics ,act4 #b4 ,unauthorized ,digital ,performance of ,pre-#aigb ,sound ,recordings 7a7 ,amendment ,title #ag1 ,united ,states ,code1 is amended by adding at the end the following new chapter3 #ad ,unauthorized ,digital ,performance of ,pre-#aigb ,sound ,recordings ,sec4 #adja4 ,unauthorized digital performance of pre-#aigb sound recordings4 #adja4 ,unauthorized digital performance of pre-#aigb sound recordings 7a7 ,unauthorized ,acts ,anyone who1 prior to ,february #ae1 #bjfg1 performs publicly by means of digital audio transmission a sound recording fixed before ,february #ae1 #aigb1 without the consent of the rights owner1 shall be subject to the remedies provided in sections #ejb through #eje to the same extent as an infringer of copyright4 7b7 ,certain unauthorized transmissions ,transmissions of sound recordings fixed before ,february #ae1 #aigb1 shall be considered authorized and with the consent of the rights owner for purposes of subsection 7a71 if-- 7#a7 the transmissions are made by a transmitting entity publicly performing sound recordings protected under this title by means of digital audio transmissions subject to section #aad2 7#b7 the transmissions would satisfy the requirements for statutory licensing under section #aad7;d77#b7 or would be exempt under section #aad7;d77#a71 if the sound recordings were fixed on or after ,february #ae1 #aigb2 7#c7 in the case of transmissions that would not be exempt under section #aad7;d77#a7 as described in paragraph 7#b71 the transmitting entity pays statutory royalties and provides notice of its use of the relevant sound recordings in the same manner as required by regulations adopted by the ,copyright ,royalty ,judges for sound recordings that are protected under this title2 and 7#d7 in the case of transmissions that would not be exempt under section #aad7;d77#a7 as described in paragraph 7#b71 the transmitting entity otherwise satisfies the requirements for statutory licensing under section #aad7;f77#d77;,b74 7c7 ,transmissions by ,direct ,licensing of ,statutory ,services 7#a7 ,in general ,a transmission of a sound recording fixed before ,february #ae1 #aigb1 shall be considered authorized and with the consent of the rights owner for purposes of subsection 7a7 if included in any license agreement voluntarily negotiated at any time between the rights owner and the entity performing the sound recording4 7#b7 ,payment of royalties to nonprofit agent ,to the extent that such a license extends to transmissions of sound recordings fixed before ,february #ae1 #aigb1 that satisfy the conditions of subsection 7b71 the licensee shall pay #ej percent of the performance royalties for the transmissions due under the license to the collective designated to distribute receipts from the licensing of transmissions in accordance with section #aad7;f71 with such royalties fully credited as payments due under such license4 7#c7 ,distribution of royalties by nonprofit agent ,that collective shall distribute the royalties received pursuant to paragraph 7#b7 in accordance with subparagraphs 7,b7 through 7,d7 of section #aad7;g77#b74 ,such payments shall be the sole payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the license4 7#d7 ,rule of construction ,this section does not prohibit any other license from directing the licensee to pay other royalties due to featured and nonfeatured artists for such transmissions to the collective designated to distribute receipts from the licensing of transmissions in accordance with section #aad7;f74 7d7 ,relationship to ,state ,law 7#a7 ,in general ,nothing in this section shall be construed to annul or limit any rights or remedies under the common law or statutes of any ,state for sound recordings fixed before ,february #ae1 #aigb1 except1 notwithstanding section #cja7;c71 the following3 7,a7 ,this section preempts claims of common law copyright or equivalent rights under the law of any ,state arising from digital audio transmissions of sound recordings fixed before ,february #ae1 #aigb1 made on and after the effective date of this section4 7,b7 ,this section preempts claims of common law copyright or equivalent rights under the law of any ,state arising from reproductions of sound recordings fixed before ,february #ae1 #aigb1 made on and after the effective date of this section1 for reproductions that would satisfy the requirements for statutory licensing under section #aab7;e77#a7 and 7#f71 if the sound recordings were fixed on or after ,february #ae1 #aigb4 7,c7 ,this section preempts claims of common law copyright or equivalent rights under the law of any ,state arising from digital audio transmissions and reproductions of sound recordings fixed before ,february #ae1 #aigb1 made before the effective date of this section1 if-- 7i7 the digital audio transmissions and reproductions would have satisfied the requirements for statutory licensing under section #aad7;d77#b7 or been exempt under section #aad7;d77#a71 or would have satisfied the requirements of section #aab7;e77#a71 respectively2 and 7ii7 within #bgj days after the effective date of this section1 except in the case of transmissions that would have been exempt under section #aad7;d77#a71 the transmitting entity pays statutory royalties and provides notice of the use of the relevant sound recordings in the same manner as required by regulations adopted by the ,copyright ,royalty ,judges for sound recordings that are protected under this title for all the digital audio transmissions and reproductions satisfying the requirements for statutory licensing under section #aad7;d77#b7 and section #aab7;e77#a7 during the #c years prior to the effective date of this section4 7#b7 ,rule of construction for common law copyright ,for purposes of subparagraphs 7,a7 through 7,c7 of paragraph 7#a71 claims of common law copyright or equivalent rights under the law of any ,state include claims that characterize conduct subject to such subparagraphs as an unlawful distribution1 act of record piracy1 or similar violation4 7#c7 ,rule of construction for public performance rights ,nothing in this section shall be construed to recognize or negate the existence of public performance rights in sound recordings under the law of any ,state4 7e7 ,limitations on ,remedies 7#a7 ,fair use2 reproduction by libraries and archives ,the limitations on the exclusive rights of a copyright owner described in sections #ajg and #ajh shall apply to a claim for unauthorized performance of a sound recording fixed before ,february #ae1 #aigb1 under subsection 7a74 7#b7 ,actions ,the limitations on actions described in section #ejg shall apply to a claim for unauthorized performance of a sound recording fixed before ,february #ae1 #aigb1 under subsection 7a74 7#c7 ,material online ,the limitations on liability described in section #eab of this title shall apply to a claim for unauthorized performance of a sound recording fixed before ,february #ae1 #aigb1 under subsection 7a74 7#d7 ,principles of equity ,principles of equity apply to remedies for a violation of this section to the same extent as such principles apply to remedies for infringement of copyright4 7f7 ,application of section #bcj ,safe ,harbor ,for purposes of section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 subsection 7a7 shall be considered intellectual property laws under subsection 7e77#b7 of such section4 7g7 ,rights owner defined ,in this section1 the term rights owner means the person who has the exclusive right to reproduce a sound recording under the law of any ,state4 4 7b7 ,technical and conforming amendment ,the table of chapters for title #ag1 ,united ,states ,code1 is amended by adding at the end the following new chapter3 #ad4,unauthorized ,digital ,performance of ,pre-#aigb ,sound ,recordings#adja 4