Page:Hatch-Goodlatte Act.pdf/33

Rh ::: court of the United States for damages and injunctive relief. If the significant nonblanket licensee is found liable, the court shall, absent a finding of excusable neglect, award damages in an amount equal to three times the total amount of the unpaid administrative assessment and, notwithstanding anything to the contrary in section 505, reasonable attorney’s fees and costs, as well as such other relief as the court determines appropriate. In all other cases, the court shall award relief as appropriate. Any recovery of damages shall be payable to the mechanical licensing collective as an offset to the collective total costs.
 * “(ii) —Any action described in this subparagraph shall be commenced within the time period described in section 507(b).
 * “(iii) —The ability of the mechanical licensing collective or digital licensee coordinator to bring an action under this subparagraph shall in no way alter, limit or negate any other right or remedy that may be available to any party at law or in equity.
 * “(7) —
 * “(A) —The collective total costs shall be funded by—
 * “(i) an administrative assessment, as such assessment is established by the Copyright Royalty Judges pursuant to subparagraph (D) from time to time, to be paid by—
 * “(I) digital music providers that are engaged, in all or in part, in covered activities pursuant to a blanket license; and
 * “(II) significant nonblanket licensees; and
 * “(ii) voluntary contributions from digital music providers and significant nonblanket licensees as may be agreed with copyright owners.
 * “(B) —
 * “(i) —Except as provided in clause (ii), voluntary contributions by digital music providers and significant nonblanket licensees shall be determined by private negotiation and agreement, and the following conditions apply:
 * “(I) The date and amount of each voluntary contribution to the mechanical licensing collective shall be documented in a writing signed by an authorized agent of the mechanical licensing collective and the contributing party.
 * “(II) Such agreement shall be made available as required in proceedings before the Copyright Royalty Judges to establish or adjust the administrative assessment in accordance with applicable statutory and regulatory provisions and rulings of the Copyright Royalty Judges.
 * “(ii) —Each voluntary contribution described in clause (i) shall be treated for purposes of an administrative assessment