Page:United States Statutes at Large Volume 112 Part 5.djvu/132

 112 STAT. 2890 PUBLIC LAW 105-304—OCT. 28, 1998 includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section"; (2) in subsection (b)— (A) by striking "a copy or phonorecord" and inserting "three copies or phonorecords"; (B) by striking "in facsimile form"; and (C) by striking "if the copy or phonorecord reproduced is currently in the collections of the library or archives." and inserting "if— "(1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and "(2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives."; and (3) in subsection (c)— (A) by striking "a copy or phonorecord" and inserting "three copies or phonorecords"; (B) by striking "in facsimile form"; (C) by inserting "or if the existing format in which the work is stored has become obsolete," after "stolen,"; (D) by striking "if the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price." and inserting "if— "(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and "(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy."; and (E) by adding at the end the following: "For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.". SEC. 405. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS; EPHEMERAL RECORDINGS. (a) SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS.—Section 114 of title 17, United States Code, is amended as follows: (1) Subsection (d) is amended— (A) in paragraph (1) by striking subparagraph (A) and inserting the following: "(A) a nonsubscription broadcast transmission;"; and (B) by amending paragraph (2) to read as follows: "(2) STATUTORY LICENSING OF CERTAIN TRANSMISSIONS. — The performance of a sound recording publicly by means of a subscription digital audio transmission not exempt under paragraph (1), an eligible nonsubscription transmission, or a transmission not exempt under paragraph (1) that is made by a preexisting satellite digital audio radio service shall be subject to statutory licensing, in accordance with subsection (f)if—

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