Page:United States Statutes at Large Volume 116 Part 4.djvu/353

 PUBLIC LAW 107-321—DEC. 4, 2002 116 STAT. 2781 (6) Congress likewise has made no determination as to whether the July 8 order is reasonable or arbitrary, and nothing in this Act shall be taken into account by the United States Court of Appeals for the District of Columbia Circuit in its review of such order. (7) It is, nevertheless, in the public interest for the parties to be able to enter into such an agreement without fear of liability for deviating from the fees and terms of the July 8 order, if it is clear that the agreement will not be admissible as evidence or otherwise taken into account in any government proceeding involving the setting or adjustment of the royalties payable to cop5n"ight owners of sound recordings for the public performance or reproduction in ephemeral phonorecords or copies of such works, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements. SEC. 3. SUSPENSION OF CERTAIN PAYMENTS. 17 USC 114note. (a) NONCOMMERCIAL WEBCASTERS.— (1) IN GENERAL.— The payments to be made by noncommer- Deadline, cial webcastiers for the digital performance of sound recordings under section 114 of title 17, United States Code, and the making of ephemeral phonorecords under section 112 of title 17, United States Code, during the period beginning on October 28, 1998, and ending on May 31, 2003, which have not already been paid, shall not be due until June 20, 2003. (2) DEFINITION.— In this subsection, the term "noncommercial webcaster" has the meaning given that term in section 114(f)(5)(E)(i) of title 17, United States Code, as added by section 4 of this Act. (b) SMALL COMMERCL^ WEBCASTERS.— (1) IN GENERAL. — The receiving agent may, in a writing Expiration date, signed by an authorized representative thereof, delay the obligation of any 1 or more small commercial webcasters to make payments pursuant to sections 112 and 114 of title 17, United States Code, for a period determined by such entity to allow negotiations as permitted in section 4 of this Act, except that any such period shall end no later than December 15, 2002. The duration and terms of any such delay shall be as set forth in such writing. (2) DEFINITIONS.—In this subsection— (A) the term "webcaster" has the meaning given that term in section 114(f)(5)(E)(iii) of title 17, United States Code, as added by section 4 of this Act; and (B) the term "receiving agent" shall have the meaning given that term in section 261.2 of title 37, Code of Federal Regulations, as published in the Federal Register on July 8, 2002. SEC. 4. AUTHORIZATION FOR SETTLEMENTS. Section 114(f) of title 17, United States Code, is amended by adding after paragraph (4) the following: "(5)(A) Notwithstanding section 112(e) and the other provisions of this subsection, the receiving agent may enter into agreements for the reproduction and performance of sound recordings under section 112(e) and this section by any 1 or more small commercial webcasters or noncommercial webcasters during the period beginning on October 28, 1998, 99-194O-03-12:QL3Part4

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