Page:Hatch-Goodlatte Act.pdf/58

132 STAT. 3732 ::: “(i) does not require specific intent to defraud; and
 * “(ii) with respect to information about ownership of the sound recording in question, means that the person—
 * “(I) has actual knowledge of the information;
 * “(II) acts in deliberate ignorance of the truth or falsity of the information; or
 * “(III) acts in grossly negligent disregard of the truth or falsity of the information.

“(d) —
 * “(1) —A public performance by means of a digital audio transmission of a sound recording fixed before February 15, 1972, shall, for purposes of subsection (a), be considered to be authorized and made with the consent of the rights owner if the transmission is made pursuant to a license agreement voluntarily negotiated at any time between the rights owner and the entity performing the sound recording.
 * “(2) —
 * “(A) —To the extent that a license agreement described in paragraph (1) entered into on or after the date of enactment of this section extends to a public performance by means of a digital audio transmission of a sound recording fixed before February 15, 1972, that meets the conditions of subsection (b)—
 * “(i) the licensee shall, with respect to such transmission, pay to the collective designated to distribute receipts from the licensing of transmissions in accordance with section 114(f), 50 percent of the performance royalties for that transmission due under the license; and
 * “(ii) the royalties paid under clause (i) shall be fully credited as payments due under the license.
 * “(B) —To the extent that a license agreement described in paragraph (1), entered into during the period beginning on January 1 of the year in which this section is enacted and ending on the day before the date of enactment of this section, or a settlement agreement with a preexisting satellite digital audio radio service (as defined in section 114(j)) entered into during the period beginning on January 1, 2015, and ending on the day before the date of enactment of this section, extends to a public performance by means of a digital audio transmission of a sound recording fixed before February 15, 1972, that meets the conditions of subsection (b)—
 * “(i) the rights owner shall, with respect to such transmission, pay to the collective designated to distribute receipts from the licensing of transmissions in accordance with section 114(f) an amount that is equal to the difference between—
 * “(I) 50 percent of the difference between—
 * “(aa) the rights owner’s total gross performance royalty fee receipts or settlement