To amend section 114 of title 17, United States Code, to provide for agreements for the reproduction and performance of sound recordings by webcasters.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Webcaster Settlement Act of 2008’.CommentsClose CommentsPermalink

Section 114(f)(5) of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)--CommentsClose CommentsPermalink





(A) by striking ‘small commercial’ each place it appears and inserting ‘commercial’;CommentsClose CommentsPermalink





(B) by striking ‘during the period beginning on October 28, 1998, and ending on December 31, 2004’ and inserting ‘for a period of not more than 11 years beginning on January 1, 2005’;CommentsClose CommentsPermalink





(C) by striking ‘a copyright arbitration royalty panel or decision by the Librarian of Congress’ and inserting ‘the Copyright Royalty Judges’; andCommentsClose CommentsPermalink





(D) in the second sentence, by striking ‘webcasters shall include’ and inserting ‘webcasters may include’;CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking ‘small commercial’ and inserting ‘commercial’;CommentsClose CommentsPermalink





(3) in subparagraph (C)--CommentsClose CommentsPermalink





(A) by striking ‘Librarian of Congress’ and inserting ‘Copyright Royalty Judges’;CommentsClose CommentsPermalink





(B) by striking ‘small webcasters’ and inserting ‘webcasters’; andCommentsClose CommentsPermalink





(C) by adding at the end the following: ‘This subparagraph shall not apply to the extent that the receiving agent and a webcaster that is party to an agreement entered into pursuant to subparagraph (A) expressly authorize the submission of the agreement in a proceeding under this subsection.’;CommentsClose CommentsPermalink





(4) in subparagraph (D)--CommentsClose CommentsPermalink





(A) by striking ‘the Small Webcasters Settlement Act of 2002’ and inserting ‘the Webcaster Settlement Act of 2008’ ; andCommentsClose CommentsPermalink





(B) by striking ‘Librarian of Congress of July 8, 2002’ and inserting ‘Copyright Royalty Judges of May 1, 2007’; andCommentsClose CommentsPermalink





(5) in subparagraph (F), by striking ‘December 15, 2002’ and all that follows through ‘2003’ and inserting ‘February 15, 2009’.CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives September 27, 2008.Attest:LORRAINE C. MILLER,Clerk.CommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink