Page:United States Statutes at Large Volume 112 Part 5.djvu/136

 ^ts s^ 112 STAT. 2894 PUBLIC LAW 105-304—OCT. 28, 1998 Federal Register, publication. transmitted by the transmitting entity without imposing substantial costs on the transmitting entity or resulting in perceptible aural or visual degradation of the digital signal, except that the requirement of this clause shall not apply to a satellite digital audio service that is in operation, or that is licensed under the authority of the Federal Communications Commission, on or before July 31, 1998, to the extent that such service has designed, developed, or made commitments to procure equipment or technology that is not compatible with such technical measures before such technical measures are widely adopted by sound recording copyright owners; and "(ix) the transmitting entity identifies in textual data the sound recording during, but not before, the time it is performed, including the title of the sound recording, the title of the phonorecord embodying such sound recording, if any, and the featured recording artist, in a manner to permit it to be displayed to the transmission recipient by the device or technology intended for receiving the service provided by the transmitting entity, except that the obligation in this clause shall not take effect until 1 year after the date of the enactment of the Digital Millennium Copyright Act and shall not apply in the case of a retransmission of a broadcast transmission by a transmitting entity that does not have the right or ability to control the programming of the broadcast transmission, or in the case in which devices or technology intended for receiving the service provided by the transmitting entity that have the capability to display such textual data are not common in the marketplace.". (2) Subsection (f) is amended— (A) in the subsection heading by striking "NONEXEMPT SUBSCRIPTION" and inserting "CERTAIN NONEXEMPT"; (B) in paragraph (1)— (i) in the first sentence— (I) by striking "(1) No" and inserting "(1)(A) No"; (II) by striking "the activities" and inserting "subscription • transmissions by preexisting subscription services and transmissions by preexisting satellite digital audio radio services"; and (III) by striking "2000" and inserting "2001"; and (ii) by amending the third sentence to read as follows: "Any copyright owners of sound recordings, preexisting subscription services, or preexisting satellite digital audio radio services may submit to the Librarian of Congress licenses covering such subscription transmissions with respect to such sound recordings."; and (C) by striking paragraphs (2), (3), (4), and (5) and inserting the following: "(B) In the absence of license agreements negotiated under subparagraph (A), during the 60-day period commencing 6

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