Page:Hatch-Goodlatte Act.pdf/15

Rh :::::“(aa) to which songwriters have assigned exclusive rights of reproduction and distribution of musical works with respect to covered activities; and
 * “(bb) none of which may be owned by, or under common control with, any other board member.
 * “(II) Four voting members shall be professional songwriters who have retained and exercise exclusive rights of reproduction and distribution with respect to covered activities with respect to musical works they have authored.
 * “(III) One nonvoting member shall be a representative of the nonprofit trade association of music publishers that represents the greatest percentage of the licensor market for uses of musical works in covered activities, as measured for the 3-year period preceding the date on which the member is appointed.
 * “(IV) One nonvoting member shall be a representative of the digital licensee coordinator, provided that a digital licensee coordinator has been designated pursuant to paragraph (5)(B). Otherwise, the nonvoting member shall be the nonprofit trade association of digital licensees that represents the greatest percentage of the licensee market for uses of musical works in covered activities, as measured over the preceding 3 full calendar years.
 * “(V) One nonvoting member shall be a representative of a nationally recognized nonprofit trade association whose primary mission is advocacy on behalf of songwriters in the United States.
 * “(ii) —
 * “(I) —Not later than 1 year after the date on which the mechanical licensing collective is initially designated by the Register of Copyrights under subparagraph (B)(i), the collective shall establish bylaws to determine issues relating to the governance of the collective, including, but not limited to—
 * “(aa) the length of the term for each member of the board of directors;
 * “(bb) the staggering of the terms of the members of the board of directors;
 * “(cc) a process for filling a seat on the board of directors that is vacated before the end of the term with respect to that seat;
 * “(dd) a process for electing a member to the board of directors; and
 * “(ee) a management structure for daily operation of the collective.
 * “(II) —The mechanical licensing collective shall make the bylaws established under subclause (I) available to the public.