Page:Hatch-Goodlatte Act.pdf/47

Rh : through which sound recordings of musical works are digitally transmitted to members of the public.
 * “(30) —The term ‘share’, as applied to a musical work, means a fractional ownership interest in such work.
 * “(31) —The term ‘significant nonblanket licensee’—
 * “(A) means an entity, including a group of entities under common ownership or control that, acting under the authority of one or more voluntary licenses or individual download licenses, offers a service engaged in covered activities, and such entity or group of entities—
 * “(i) is not currently operating under a blanket license and is not obligated to provide reports of usage reflecting covered activities under subsection (d)(4)(A);
 * “(ii) has a direct contractual, subscription, or other economic relationship with end users of the service or, if no such relationship with end users exists, exercises direct control over the provision of the service to end users; and
 * “(iii) either—
 * “(I) on any day in a calendar month, makes more than 5,000 different sound recordings of musical works available through such service; or
 * “(II) derives revenue or other consideration in connection with such covered activities greater than $50,000 in a calendar month, or total revenue or other consideration greater than $500,000 during the preceding 12 calendar months; and
 * “(B) does not include—
 * “(i) an entity whose covered activity consists solely of free-to-the-user streams of segments of sound recordings of musical works that do not exceed 90 seconds in length, are offered only to facilitate a licensed use of musical works that is not a covered activity, and have no revenue directly attributable to such streams constituting the covered activity; or
 * “(ii) a ‘public broadcasting entity’ as defined in section 118(f).
 * “(32) —The term ‘songwriter’ means the author of all or part of a musical work, including a composer or lyricist.
 * “(33) —The term ‘State’ means each State of the United States, the District of Columbia, and each territory or possession of the United States.
 * “(34) —The term ‘unclaimed accrued royalties’ means accrued royalties eligible for distribution under subsection (d)(3)(J).
 * “(35) —The term ‘unmatched’, as applied to a musical work (or share thereof), means that the copyright owner of such work (or share thereof) has not been identified or located.
 * “(36) —The term ‘voluntary license’ means a license for use of a musical work (or share thereof) other than a compulsory license obtained under this section.”.

(b) —Section 801(b) of title 17, United States Code, is amended—
 * (1) by redesignating paragraph (8) as paragraph (9); and