Page:Hatch-Goodlatte Act.pdf/65

Rh :::: royalties payable to the featured recording artist or artists; and
 * “(II) during the period beginning on the date on which that person began the reasonable efforts described in subclause (I) and ending on the date of that person’s certification to the collective, the artist payee did not affirm or deny in writing the request for a letter of direction.
 * “(ii) —After receipt of the certification described in clause (i) and for a period of not less than 120 days before the first distribution by the collective to the person described in subparagraph (B), the collective attempts, in a reasonable manner as determined by the collective, to notify the artist payee of the certification made by the person described in subparagraph (B).
 * “(iii) —The artist payee does not, as of the date that was 10 business days before the date on which the first distribution is made, submit to the collective in writing an objection to the distribution.
 * “(B) —A person shall be eligible for payment under subparagraph (A) if the person—
 * “(i) is a producer, mixer, or sound engineer of the sound recording;
 * “(ii) has entered into a written contract with a record company involved in the creation or lawful exploitation of the sound recording, or with the recording artist or artists featured on the sound recording (or the persons conveying rights in the artists’ performance in the sound recording), under which the person seeking payment is entitled to participate in royalty payments that are based on the exploitation of the sound recording and are payable from royalties otherwise payable to the recording artist or artists featured on the sound recording (or the persons conveying rights in the artists’ performance in the sound recording);
 * “(iii) made a creative contribution to the creation of the sound recording; and
 * “(iv) submits to the collective—
 * “(I) a written certification stating, under penalty of perjury, that the person meets the requirements in clauses (i) through (iii); and
 * “(II) a true copy of the contract described in clause (ii).
 * “(C) —Subject to subparagraph (D), in a case in which more than 1 person described in subparagraph (B) has met the requirements for a distribution under subparagraph (A) with respect to a sound recording as of the date that is 10 business days before the date on which the distribution is made, the collective shall divide the 2 percent distribution equally among all such persons.
 * “(D) —Not later than 10 business days after the date on which the collective receives from the artist payee a written objection to a distribution