Page:United States Statutes at Large Volume 116 Part 4.djvu/352

 116 STAT. 2780 PUBLIC LAW 107-321—DEC. 4, 2002 Public Law 107-321 107th Congress An Act Dec. 4, 2002 To amend title 17, United States Code, with respect to the statutory license for [H.R. 5469] webcasting, and for other purposes. Be it enacted by the Senate and House of Representatives of Small Webcaster the United States of America in Congress assembled, Settlement Act of 2002. SECTION 1. SHORT TITLE. This Act may be cited as the "Small Webcaster Settlement Act of 2002". 17 USC 101 note. 17 USC 114 note. SEC. 2. FINDINGS. Congress finds the following: (1) Some small webcasters who did not participate in the copyright arbitration royalty panel proceeding leading to the July 8, 2002 order of the Librarian of Congress establishing rates and terms for certain digital performances and ephemeral reproductions of sound recordings, as provided in part 261 of the Code of Federal Regulations (published in the Federal Register on July 8, 2002) (referred to in this section as "small webcasters"), have expressed reservations about the fee structure set forth in such order, and have expressed their desire for a fee based on a percentage of revenue. (2) Congress has strongly encouraged representatives of copjright owners of sound recordings and representatives of the small webcasters to engage in negotiations to arrive at an agreement that would include a fee based on a percentage of revenue. (3) The representatives have arrived at an agreement that they can accept in the extraordinary and unique circumstances here presented, specifically as to the small webcasters, their belief in their inability to pay the fees due pursuant to the July 8 order, and as to the copyright owners of sound recordings and performers, the strong encouragement of Congress to reach an accommodation with the small webcasters on an expedited basis. (4) The representatives have indicated that they do not believe the agreement provides for or in any way approximates fair or reasonable royalty rates and terms, or rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. (5) Congress has made no determination as to whether the agreement provides for or in any way approximates fair or reasonable fees and terms, or rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller.

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