Page:United States Statutes at Large Volume 112 Part 5.djvu/139

 PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2897 "(II) in the first week of January 2000, and at 2- year intervals thereafter, except to the extent that different years for the repeating of such proceedings may be determined in accordance with subparagraph (A), "(ii) The procedures specified in subparagraph (B) shall be repeated, in accordance with regulations that the Librarian of Congress shall prescribe, upon filing of a petition in accordance with section 803(a)(1) during a 60-day period commencing— "(I) 6 months after publication of a notice of the initiation of voluntary negotiation proceedings under subparagraph (A) pursuant to a petition under clause (i)(I); or "(II) on July 1, 2000, and at 2-year intervals thereafter, except to the extent that different years for the repeating of such proceedings may be determined in accordance with subparagraph (A). "(iii) The procedures specified in subparagraph (B) shall be concluded in accordance with section 802. "(3) License agreements voluntarily negotiated at any time between 1 or more copyright owners of sound recordings and 1 or more entities performing sound recordings shall be given effect in lieu of any determination by a copyright arbitration royalty panel or decision by the Librarian of Congress. "(4)(A) The Librarian of Congress shall also establish requirements by which copyright owners may receive reasonable notice of the use of their sound recordings under this section, and under which records of such use shall be kept and made available by entities performing sound recordings. "(B) Any person who wishes to perform a sound recording publicly by means of a transmission eligible for statutory licensing under this subsection may do so without infringing the exclusive right of the copyright owner of the sound recording— "(i) by complying with such notice requirements as Regulations, the Librarian of Congress shall prescribe by regulation and by paying royalty fees in accordance with this subsection; or "(ii) if such royalty fees have not been set, by agreeing to pay such royalty fees as shall be determined in accordance with this subsection. "(C) Any royalty payments in arrears shall be made on or before the twentieth day of the month next succeeding the month in which the royalty fees are set.". (3) Subsection (g) is amended— (A) in the subsection heading by striking "SUB- SCRIPTION"; (B) in paragraph (1) in the matter preceding subparagraph (A), by striking "subscription transmission licensed" and inserting "transmission licensed under a statutory license"; (C) in subparagraphs (A) and (B) by striking "subscription"; and (D) in paragraph (2) by striking "subscription". (4) Subsection (j) is amended— (A) by striking paragraphs (4) and (9) and redesignating paragraphs (2), (3), (5), (6), (7), and (8) as paragraphs (3), (5), (9), (12), (13), and (14), respectively;

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