Page:Hatch-Goodlatte Act.pdf/44

132 STAT. 3718 :: shall not be construed to extend or apply to activities other than covered activities or to rights other than the exclusive rights of reproduction and distribution licensed under this section, or serve or act as the basis to extend or expand the compulsory license under this section to activities and rights not covered by this section on the day before the enactment date.
 * “(B) —The rights, protections, and immunities granted under this subsection, the data concerning musical works collected and made available under this subsection, and the definitions under subsection (e) shall not extend to, limit, or otherwise affect any right of public performance in a musical work.”; and
 * (5) by adding at the end the following:

“(e) —As used in this section:
 * “(1) —The term ‘accrued interest’ means interest accrued on accrued royalties, as described in subsection (d)(3)(H)(ii).
 * “(2) —The term ‘accrued royalties’ means royalties accrued for the reproduction or distribution of a musical work (or share thereof) in a covered activity, calculated in accordance with the applicable royalty rate under this section.
 * “(3) —The term ‘administrative assessment’ means the fee established pursuant to subsection (d)(7)(D).
 * “(4) —The term ‘audit’ means a royalty compliance examination to verify the accuracy of royalty payments, or the conduct of such an examination, as applicable.
 * “(5) —The term ‘blanket license’ means a compulsory license described in subsection (d)(1)(A) to engage in covered activities.
 * “(6) —The term ‘collective total costs’—
 * “(A) means the total costs of establishing, maintaining, and operating the mechanical licensing collective to fulfill its statutory functions, including—
 * “(i) startup costs;
 * “(ii) financing, legal, audit, and insurance costs;
 * “(iii) investments in information technology, infrastructure, and other long-term resources;
 * “(iv) outside vendor costs;
 * “(v) costs of licensing, royalty administration, and enforcement of rights;
 * “(vi) costs of bad debt; and
 * “(vii) costs of automated and manual efforts to identify and locate copyright owners of musical works (and shares of such musical works) and match sound recordings to the musical works the sound recordings embody; and
 * “(B) does not include any added costs incurred by the mechanical licensing collective to provide services under voluntary licenses.
 * “(7) —The term ‘covered activity’ means the activity of making a digital phonorecord delivery of a musical work, including in the form of a permanent download,