Page:United States Statutes at Large Volume 118.djvu/2395

 118 STAT. 2365 PUBLIC LAW 108–419—NOV. 30, 2004 which the petition requesting the proceeding is filed, and ending on the effective date of successor rates and terms, or such other period as the parties may agree.’’; (B) in the third sentence, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and (C) in the fourth sentence, by striking ‘‘negotiation’’; (4) in subparagraph (D)— (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 subpara graph (E), be binding on all copyright owners of nondra matic musical works and persons entitled to obtain a compulsory license under subsection (a)(1) during the period specified in subparagraph (C), such other period as may be determined pursuant to subparagraphs (B) and (C), or such other period as the parties may agree.’’; (B) in the third sentence, by striking ‘‘copyright arbitra tion royalty panel’’ and inserting ‘‘Copyright Royalty Judges’’; (C) in the third sentence, by striking ‘‘negotiated as provided in subparagraphs (B) and (C)’’ and inserting ‘‘described’’; and (D) in the last sentence, by striking ‘‘Librarian of Con gress’’ and inserting ‘‘Copyright Royalty Judges’’. (5) in subparagraph (E)— (A) in clause (i)— (i) in the first sentence, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Librarian of Congress and Copyright Royalty Judges’’; and (ii) in the second sentence, by striking ‘‘(C), (D) or (F) shall be given effect’’ and inserting ‘‘(C) or (D) shall be given effect as to digital phonorecord deliv eries’’; and (B) in clause (ii)(I), by striking ‘‘(C), (D) or (F)’’ each place it appears and inserting ‘‘(C) or (D)’’; and (6) by striking subparagraph (F) and redesignating sub paragraphs (G) through (L) as subparagraphs (F) through (K), respectively. (e) COIN OPERATED PHONORECORD PLAYERS.—Section 116 is amended— (1) in subsection (b), by amending paragraph (2) to read as follows: ‘‘(2) CHAPTER 8 PROCEEDING.—Parties not subject to such a negotiation may have the terms and rates and the division of fees described in paragraph (1) determined in a proceeding in accordance with the provisions of chapter 8.’’; and (2) in subsection (c)— (A) in the subsection heading, by striking ‘‘COPYRIGHT ARBITRATION ROYALTY PANEL DETERMINATIONS’’ and inserting ‘‘DETERMINATIONS BY COPYRIGHT ROYALTY JUDGES’’; and (B) by striking ‘‘a copyright arbitration royalty panel’’ and inserting ‘‘the Copyright Royalty Judges’’. (f) USE OF CERTAIN WORKS IN CONNECTION WITH NONCOMMER CIAL BROADCASTING.—Section 118 is amended— (1) in subsection (b)— (A) in paragraph (1)—

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