,,ii #aaeth ,,congress #b;d ,session ,s4 #bfbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjah,mr4 ,grassley 7for himself1 ,mrs4 ,feinstein1 ,ms4 ,harris1 and ,mr4 ,corker7 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 provide for the payment of performance royalties to certain producers1 mixers1 and sound engineers of sound recordings1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,allocation for ,music ,producers ,act or the ,,amp ,act4 #b4 ,payment of statutory performance royalties 7a7 ,letter of direction ,section #aad7;g7 of title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,letter of direction 7,a7 ,in general ,a nonprofit collective designated by the ,copyright ,royalty ,judges to distribute receipts from the licensing of transmissions in accordance with subsection 7f7 shall adopt and reasonably implement a policy that provides1 in circumstances determined by the collective to be appropriate1 for acceptance of instructions from an artist payee identified under subparagraph 7,a7 or 7,d7 of paragraph 7#b7 to distribute1 to a producer1 mixer1 or sound engineer who was part of the creative process that created a sound recording1 a portion of the payments to which the artist payee would otherwise be entitled from the licensing of transmissions of the sound recording4 ,in this section1 such instructions shall be referred to as a letter of direction4 7,b7 ,acceptance of letter ,to the extent that the collective accepts a letter of direction under subparagraph 7,a71 the person entitled to payment pursuant to the letter of direction shall1 during the period in which the letter of direction is in effect and carried out by the collective1 be treated for all purposes as the owner of the right to receive such payment and the artist payee providing the letter of direction to the collective shall be treated as having no interest in such payment4 7,c7 ,authority of collective ,this paragraph shall not be construed in such a manner so that the collective is not authorized to accept or act upon payment instructions in circumstances other than those to which this paragraph applies4 4 7b7 ,additional provisions for recordings fixed before ,november #a1 #aiie ,section #aad7;g7 of title #ag1 ,united ,states ,code1 as amended by subsection 7a71 is further amended by adding at the end the following3 7#f7 ,sound recordings fixed before ,november #a1 #aiie 7,a7 ,payment absent letter of direction ,a nonprofit collective designated by the ,copyright ,royalty ,judges to distribute receipts from the licensing of transmissions in accordance with subsection 7f7 7in this paragraph referred to as the collective7 shall adopt and reasonably implement a policy that provides1 in circumstances determined by the collective to be appropriate1 for the deduction of #b percent of the receipts that are collected from the licensing of transmissions of a sound recording fixed before ,november #a1 #aiie1 but that are withdrawn from the amount otherwise payable under paragraph 7#b77;,d7 to the recording artist or artists featured on the sound recording 7or the persons conveying rights in the artists' performance in the sound recording71 and the distribution of such amount to one or more persons described in subparagraph 7,b71 after deduction of costs described in paragraph 7#c7 or 7#d71 as applicable1 if each of the following requirements is met3 7i7 ,certification of attempt to obtain a letter of direction ,the person described in subparagraph 7,b7 who is to receive the distribution has certified to the collective1 under penalty of perjury1 that-- 7,i7 for a period of at least #d months1 that person made reasonable efforts to contact the artist payee for such sound recording to request and obtain a letter of direction instructing the collective to pay to that person a portion of the royalties payable to the featured recording artist or artists2 and 7,,ii7 during the period beginning on the date that person began the reasonable efforts described in subclause 7,i7 and ending on the date of that person's certification to the collective1 the artist payee did not affirm or deny in writing the request for a letter of direction4 7ii7 ,collective attempt to contact artist ,after receipt of the certification described in clause 7i7 and for a period of at least #d months before the collective's first distribution to the person described in subparagraph 7,b71 the collective attempted1 in a reasonable manner as determined by the collective1 to notify the artist payee of the certification made by the person described in subparagraph 7,b74 7iii7 ,no objection received ,the artist payee did not1 as of the date that is #aj business days before the date on which the first distribution is made1 submit to the collective in writing an objection to the distribution4 7,b7 ,eligibility for payment ,a person shall be eligible for payment under subparagraph 7,a7 if the person-- 7i7 is a producer1 mixer1 or sound engineer of the sound recording2 7ii7 has entered into a written contract with a record company involved in the creation or lawful exploitation of the sound recording1 or with the recording artist or artists featured on the sound recording 7or the persons conveying rights in the artists' performance in the sound recording71 under which the person seeking payment is entitled to participate in royalty payments that are based on the exploitation of the sound recording and are payable from royalties otherwise payable to the recording artist or artists featured on the sound recording 7or the persons conveying rights in the artists' performance in the sound recording72 7iii7 made a creative contribution to the creation of the sound recording2 and 7iv7 submits a written certification to the collective stating1 under penalty of perjury1 that the person meets the requirements in clauses 7i7 through 7iii7 and includes a true copy of the contract described in clause 7ii74 7,c7 ,multiple certifications ,subject to subparagraph 7,d71 in a case in which more than #a person described in subparagraph 7,b7 has met the requirements for a distribution under subparagraph 7,a7 with respect to a sound recording as of the date that is #aj business days before the date on which a distribution is made1 the collective shall divide the #b percent distribution equally among all such persons4 7,d7 ,objection to payment ,not later than #aj business days after the collective receives from the artist payee a written objection to a distribution made pursuant to subparagraph 7,a71 the collective shall cease making any further payment relating to such distribution4 ,in any case in which the collective has made one or more distributions pursuant to subparagraph 7,a7 to a person described in subparagraph 7,b7 before the date that is #aj business days after the date on which the collective receives from the artist payee an objection to such distribution1 the objection shall not affect that person's entitlement to any distribution made before the collective ceases such distribution under this subparagraph4 7,e7 ,ownership of the right to receive payments ,to the extent that the collective determines that a distribution will be made under subparagraph 7,a7 to a person described in subparagraph 7,b71 such person shall1 during the period covered by such distribution1 be treated for all purposes as the owner of the right to receive such payments and the artist payee to which such payments would otherwise be payable shall be treated as having no interest in such payments4 7,f7 ,artist payee defined ,in this paragraph1 the term artist payee means a person1 other than a person described in subparagraph 7,b71 who owns the right to receive all or part of the receipts payable under paragraph 7#b77;,d7 with respect to a sound recording4 ,in a case in which there are multiple artist payees with respect to a sound recording1 an objection by #a such payee shall apply only to that payee's share of the receipts payable under paragraph 7#b77;,d71 and does not preclude payment under subparagraph 7,a7 from the share of an artist payee that does not so object4 4 7c7 ,technical and conforming amendments ,section #aad7;g7 of title #ag1 ,united ,states ,code1 as amended by subsections 7a7 and 7b71 is further amended-- 7#a7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking ,an agent designated and inserting ,except as provided for in paragraph 7#f71 a nonprofit collective designated by the ,copyright ,royalty ,judges2 7#b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a7-- 7,a7 by striking nonprofit agent designated and inserting nonprofit collective designated by the ,copyright ,royalty ,judges2 7,b7 by striking another designated agent and inserting another designated nonprofit collective2 7,c7 by striking such nonprofit agent and inserting such nonprofit collective2 and 7,d7 by striking such agent and inserting such collective2 and 7#c7 in paragraph 7#d7-- 7,a7 by striking designated agent and inserting nonprofit collective2 and 7,b7 by striking agent and inserting collective each subsequent place it appears4 #c4 ,effective date ,this ,act and the amendments made by ,act shall take effect on the date of enactment of this ,act4