,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ccej ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjag,mr4 ,sensenbrenner 7for himself1 ,mr4 ,chabot1 ,ms4 ,del,bene1 and ,mr4 ,farenthold7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to establish a database of nondramatic musical works and sound recordings to help entities that wish to publicly perform such works and recordings to identify and compensate the owners of rights in such works and recordings1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transparency in ,music ,licensing and ,ownership ,act4 #b4 ,establishment of database for nondramatic musical works and sound recordings 7a7 ,nondramatic musical works and sound recordings database ,chapter #g of title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #gaa4 ,nondramatic musical works and sound recordings database 7a7 ,establishment and maintenance ,the ,register of ,copyrights shall establish and maintain an informational database of nondramatic musical works and sound recordings subject to protection under this title4 7b7 ,contents ,the database established under subsection 7a7 shall include1 at a minimum1 for each nondramatic musical work and sound recording subject to protection under this title1 the following information3 7#a7 ,the title4 7#b7 ,the copyright registration date1 if any4 7#c7 ,an identification of each owner of the copyright of the work or recording4 7#d7 ,an identification of any entity1 including a performing rights society1 music publisher1 or record label1 through which the work or recording may be licensed4 7#e7 ,the international standard musical work code or the international standard recording code4 7#f7 ,the name of each recording artist featured on the work or recording4 7#g7 ,each album title containing the work or recording4 7#h7 ,each catalog number and each label name used on phonorecords of the work made and distributed to the public4 7#i7 ,any other information the ,register of ,copyrights determines to be appropriate or necessary4 7c7 ,accessibility ,the ,register of ,copyrights shall make the database established under subsection 7a7 publicly available1 in its entirety1 without charge1 in a format that reflects current technological practices4 ,the ,register of ,copyrights may revise and update the technical requirements of the database as necessary to ensure continued accessibility4 7d7 ,limitation on remedies 7#a7 ,in general ,notwithstanding sections #ejb through #ejf1 in an action brought under this title for infringement of the exclusive right to perform publicly1 reproduce1 or distribute a nondramatic musical work or sound recording1 the remedies available to a copyright owner that has failed to provide or maintain the information described in subsection 7b7 shall be limited to-- 7,a7 an order requiring the infringer to pay to the copyright owner actual damages for the public performance1 reproduction1 or distribution of the infringed work2 and 7,b7 injunctive relief to prevent or restrain any infringement alleged in the civil action4 7#b7 ,reliance on database information ,in an action described in paragraph 7#a71 any relief granted by the court shall1 to the extent practicable1 account for the reliance of an infringer on any information included in the database established under subsection 7a74 7#c7 ,applicability ,the limitation described in paragraph 7#a7 only applies to an action brought against the following3 7,a7 ,an establishment4 7,b7 ,a food service or drinking establishment4 7,c7 ,a terrestrial broadcast station licensed as such by the ,federal ,communications ,commission4 7,d7 ,an entity operating under one of the statutory licenses described in section #aab1 #aad1 or #aae4 7,e7 ,an entity performing publicly1 reproducing1 or distributing musical works or sound recordings in good faith as demonstrated by evidence such as a license agreement in good standing with a performing rights society or other entity authorized to license the use of musical works or sound recordings4 7e7 ,initial technical requirements ,the ,register of ,copyrights shall adopt technical requirements1 subject to public notice and comment and a #ij-;day trial period1 in the establishment of the database described under subsection 7a71 that ensures the database meets the following requirements3 7#a7 ,publicly available from a website maintained by the ,copyright ,office and hosted from the copyright4gov domain4 7#b7 ,accessible1 in a machine-readable format1 through both real-time and bulk application programming interfaces4 7#c7 ,searchable through the website described in paragraph 7#a7 and the application programming interfaces described in paragraph 7#b7 by the information required under subsection 7b74 7#d7 ,exportable in its entirety to non-proprietary document formats compatible with standard spreadsheet programs1 ,extensible ,markup ,language1 and such other formats as may be determined by the ,register4 7f7 ,working group 7#a7 ,establishment ,not later than #de days after the date of the enactment of this section1 the ,register of ,copyrights shall establish a working group of technical experts representing a wide range of stakeholders to identify1 report1 and recommend performance objectives1 technical capabilities1 and technical standards for the database established under subsection 7a71 including meeting the initial requirements described in subsection 7e74 7#b7 ,appointment of members ,the ,librarian of ,congress1 in consultation with the ,register of ,copyrights1 shall appoint the members of the working group1 who shall be individuals or organizations representing1 in equal parts1 owners and licensors of copyrighted works1 users and licensees of copyrighted works1 and consumers and public interest entities4 7#c7 ,report required ,not later than #i months after the date of the enactment of this section1 the working group shall submit to the ,register of ,copyrights a report on the activities and recommendations of the working group described in paragraph 7#a74 ,not later than #ad days after receipt of the report1 the ,register of ,copyrights shall make the report and recommendations of the working group subject to public notice and comment4 7#d7 ,copyright office assistance ,the ,register of ,copyrights may appoint an employee of the ,copyright ,office-- 7,a7 to moderate and direct the work of the working group under this subsection2 and 7,b7 to provide technical assistance to members of the working group1 as appropriate4 7#e7 ,initial meeting ,the initial meeting of the working group shall take place not later than #ij days after the date of the enactment of this section4 7g7 ,technical review and updates ,not later than #c years after the establishment of the database described in subsection 7a71 and every #c years thereafter1 the ,register of ,copyrights shall review the technical capabilities of the database and make any necessary revisions4 ,in conducting the review1 the ,register shall establish a working group subject to the requirements described in subsection 7f74 ,any updates to the technical capabilities of the database shall be subject to public notice and comment and a #ij-;day trial period4 4 7b7 ,clerical amendment ,the table of sections for chapter #g of title #ag1 ,united ,states ,code1 is amended by adding at the end the following new item3 #gaa4 ,nondramatic musical works and sound recordings database4 4 7c7 ,effective date ,the amendments made by this section shall take effect #ah months after the date of the enactment of this ,act4