Platform Equality and Remedies for Rights Holders in Music Act of 2007

A bill to harmonize rate setting standards for copyright licenses under section 112 and 114 of title 17, United States Code, and for other purposes.

1/11/2007--Introduced.
Platform Equality and Remedies for Rights Holders in Music Act of 2007 or the Perform Act of 2007 - Requires Copyright Royalty Judges (CRJs) to establish rates for a statutory license for the transmission of sound recordings by organizations that most clearly represent the fair market value of the rights licensed. Replaces the different processes for setting rates and terms of royalty payments for subscription transmissions by preexisting subscription services, satellite digital radio services, and eligible nonsubscription transmission services with one process for all such transmissions. Directs CRJs, when setting such rates and terms, to consider:
(1) the fair market value of the rights licensed; and
(2) the degree to which reasonable recording affects the potential market for sound recordings and the additional fees that are required to be paid by services for compensation. Conditions statutory licensing of transmissions on the transmitting entity using technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording. (Current law provides for limits on phonorecords of the transmission directly in a digital format.) Allows a performing rights society or a mechanical rights organization to monitor public performances or other uses of copyrighted works contained in transmissions. Requires the Register of Copyrights to convene a meeting among affected parties to discuss whether to recommend creating a new category of limited interactive services within certain statutory licenses for subscription transmissions.


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Sponsor

• Sen. Dianne Feinstein [D, CA]
• and 3 Co-Sponsors
  • Sen. Lamar Alexander [R, TN]
  • Sen. Joseph Biden [D, DE]
  • Sen. Lindsey Graham [R, SC]
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Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.256

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
January 11, 2007

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All Bill Actions

• Jul 29, 2008: Committee on the Judiciary. Hearings held.
• Jan 11, 2007: Read twice and referred to the Committee on the Judiciary.
• Jan 11, 2007: Sponsor introductory remarks on measure. (CR S446-447)
• Introduced on Jan 11, 2007.
• Jan 11, 2007: Introductory remarks on measure. (CR S446-447)

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Related Bills:

• H.R.4056

Related Issue Areas:

• Intellectual property
• Administrative remedies
• Congress
• Congressional agencies
• 13 more
• Congressional reporting requirements
• Copyright
• Fees
• Finance
• Humanities
• Interactive media
• Law
• Library of Congress
• Licenses
• Music
• Sound recording and reproducing
• Technology
• Valuation

Data from the Congressional Research Service

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In the News

January 25, 2007 A 'Music Man' for the 21st Century

This legislation (S. 256) sponsored by Sen. Dianne Feinstein (D-CA) and others, reinforces the attack on satellite and digital radio with ...

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Source: TPMCafe, NY

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Blog Coverage

September 05, 2008 a few words from John McCain

[S. 256, 3/03/05]; 2007: McCain failed to sign on to Truth in Lending Act, a bipartisan initiative providing protection to consumers taking out home mortgage loans. Among other measures, it was designed to 'establish new lending ...

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Source: Romance Monsoon

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August 23, 2008 Joe Biden is the guy who put-through the "anti-bankruptcy" bill.

S.256 actually leaves vulnerable groups -- the poor, the elderly, military personnel and their families -- more vulnerable to credit card companies looking to make money off late fees and less capable of seeking protection in bankruptcy ...

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Source: electrictroy999

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August 23, 2008 NY Times Compares Obama’s and Biden’s Votes

S. 256 Motion To Invoke Cloture On Bill S. 256 (March 8, 2005). “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005″ Agreed to, 69-31 Obama voted No; Biden voted Yes. Biden will be criticized by some for his support of the ...

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Source: Patterico's Pontifications

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