Page:United States Statutes at Large Volume 118.djvu/2392

 118 STAT. 2362 PUBLIC LAW 108–419—NOV. 30, 2004 (C) in the fourth sentence, by striking ‘‘negotiation’’; (2) in paragraph (4)— (A) by amending the first sentence to read as follows: ‘‘The schedule of reasonable rates and terms determined by the Copyright Royalty Judges shall, subject to paragraph (5), be binding on all copyright owners of sound recordings and transmitting organizations entitled to a statutory license under this subsection during the 5 year period speci fied in paragraph (3), or such other period as the parties may agree.’’; (B) by striking ‘‘copyright arbitration royalty panel’’ each subsequent place it appears and inserting ‘‘Copyright Royalty Judges’’; (C) in the fourth sentence, by striking ‘‘its decision’’ and inserting ‘‘their decision’’; (D) in the fifth sentence, by striking ‘‘negotiated as provided’’ and inserting ‘‘described’’; and (E) in the last sentence, by striking ‘‘Librarian of Con gress’’ and inserting ‘‘Copyright Royalty Judges’’; (3) in paragraph (5), by striking ‘‘determination by a copy right arbitration royalty panel or decision by the Librarian of Congress’’ and inserting ‘‘decision by the Librarian of Con gress or determination by the Copyright Royalty Judges’’; (4) by striking paragraph (6) and redesignating paragraphs (7), (8), and (9), as paragraphs (6), (7), and (8), respectively; and (5) in paragraph (6)(A), as so redesignated, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’. (c) SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS.—Sec tion 114(f) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by amending the first sentence to read as fol lows: ‘‘Proceedings under chapter 8 shall determine reasonable rates and terms of royalty payments for subscription transmissions by preexisting subscription services and transmissions by preexisting satellite dig ital audio radio services specified by subsection (d)(2) during the 5 year period beginning on January 1 of the second year following the year in which the pro ceedings are to be commenced, except where a different transitional period is provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004 or such other period.’’; (ii) in the third sentence, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and (iii) in the fourth sentence, by striking ‘‘negotia tion’’; (B) in subparagraph (B)— (i) by amending the first sentence to read as fol lows: ‘‘The schedule of reasonable rates and terms determined by the Copyright Royalty Judges shall, subject to paragraph (3), be binding on all copyright owners of sound recordings and entities performing sound recordings affected by this paragraph during

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