HR 5275 IH, Music Owners' Listening Rights Act of 2000.
Re: copyright infringement exception for "personal interactive performance of a sound recording".
Sponsor: Rep. Rick Boucher (D-VA).
Date introduced: September 25, 2000.
Source: Library of Congress.

To amend Title 17, United States Code, with respect to personal interactive performances of recorded nondramatic musical works, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 25, 2000

Mr. BOUCHER (for himself, Mr. BURR of North Carolina, Mr. LAHOOD, and Mr. UPTON) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend Title 17, United States Code, with respect to personal interactive performances of recorded nondramatic musical works, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Music Owners' Listening Rights Act of 2000'.

SECTION 2. PERSONAL INTERACTIVE PERFORMANCES.

(a) IN GENERAL- Chapter 1 of title 17, United States Code, is amended by adding after section 122 the following new section:

`Sec. 123. Limitation on exclusive rights; personal interactive performances

`(a) PERSONAL INTERACTIVE PERFORMANCES- Notwithstanding the provisions of section 106--

`(1) the transmission of a personal interactive performance of a sound recording, and of any nondramatic musical works embodied therein, is not an infringement of copyright; and

`(2) it is not an infringement of copyright for a transmitting organization that transmits a personal interactive performance to make or cause to be made phonorecords or copies of a sound recording and any nondramatic musical works embodied therein if such phonorecords and copies are used by the transmitting organization solely in connection with the transmission of personal interactive performances.

`(b) As used in this section, the term `personal interactive performance' means the performance of a sound recording and the nondramatic musical works embodied therein by means of a digital transmission and includes any digital phonorecord deliveries associated with such transmission, provided that the transmission is received only by a recipient who has provided to the transmitting organization proof that the recipient lawfully possesses a phonorecord of such sound recording and who has conveyed to the transmitting organization a specific request to receive the transmission of the performance.'.

(b) TECHNICAL AND CONFORMING AMENDMENTS-

(1) The table of sections for chapter 1 of title 17, United States Code, is amended by adding after the item relating to section 122 the following:

`123. Limitations on exclusive rights; personal interactive performances.'.

(2) Sections 106, 501(a), and 511(a) of title 17, United States Code, are each amended by striking `121' and inserting `123'.

(3) Section 2319(e)(2) of title 18, United States Code, is amended by striking `120' and inserting `123'.