Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
. This Act may be cited as the ``Webcaster Settlement Act of 2008´´.
. Section 114(f)(5) of title 17, United States Code, is amended— (1) in subparagraph (A)— (A) by striking ``small commercial´´ each place it appears and inserting ``commercial´´;
(B) by striking ``during the period beginning on October 28, 1998, and ending on December 31, 2004´´ and inserting ``for a period of not more than 11 years beginning on January 1, 2005´´;
(C) by striking ``a copyright arbitration royalty panel or decision by the Librarian of Congress´´ and inserting ``the Copyright Royalty Judges´´; and
(D) in the second sentence, by striking ``webcasters shall include´´ and inserting ``webcasters may include´´;
(2) in subparagraph (B), by striking ``small commercial´´ and inserting ``commercial´´;
(3) in subparagraph (C)—
(A) by striking ``Librarian of Congress´´ and inserting ``Copyright Royalty Judges´´;
(B) by striking ``small webcasters´´ and inserting ``webcasters´´; and
(C) by adding at the end the following: ``This subparagraph shall not apply to the extent that the receiving agent and a webcaster that is party to an agreement entered into pursuant to subparagraph (A) expressly authorize the submission of the agreement in a proceeding under this subsection.´´;
(4) in subparagraph (D)—
(A) by striking ``the Small Webcasters Settlement Act of 2002´´ and inserting ``the Webcaster Settlement Act of 2008´´ ; and
(B) by striking ``Librarian of Congress of July 8, 2002´´ and inserting ``Copyright Royalty Judges of May 1, 2007´´; and
(5) in subparagraph (F), by striking ``December 15, 2002´´ and all that follows through ``2003´´ and inserting ``February 15, 2009´´.
Approved October 16, 2008.
Legislative History
, () CONGRESSIONAL RECORD, Vol. 154 (2008): Sept. 27, considered and passed House. Sept. 30, considered and passed Senate.