H.R. 2344 (111th): Webcaster Settlement Act of 2009

Introduced:
May 12, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. Jay Inslee [D-WA1]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-36.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was enacted after being signed by the President on June 30, 2009.

Progress
Introduced May 12, 2009
Reported by Committee May 13, 2009
Passed House Jun 09, 2009
Passed Senate Jun 17, 2009
Signed by the President Jun 30, 2009
Cosponsors
4 cosponsors (4D) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To amend section 114 of title 17, United States Code, to provide for agreements for the reproduction and performance of sound recordings by webcasters.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jan 01, 2010.
1 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

6/30/2009. Prohibits the U.S. Court of Appeals for the District of Columbia from taking this Act into account in its review of the determination by the Copyright Royalty Judges of May 1, 2007, of rates and terms for the digital performance of sound recordings and ephemeral recordings, pursuant to specified provisions. Defines "webcaster," for provisions relating to licenses for the reproduction and performance of sound recordings via webcasting, as a person or entity that has obtained a compulsory license under specified provisions. (Current law defines such term as a person or entity that has obtained a compulsory license under specified provisions to make eligible nonsubscription transmissions and ephemeral recordings.) Terminates, 30 days after enactment of this Act, the authority to make commercial or noncommercial webcasting settlements under existing provisions.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/111/1/hr2344.

Background

Webcasting refers to media files distributed over the Internet using streaming media technology (satellite and Internet radio).  Many news organizations, including the BBC and CNN, have webcasting features.  Additionally, popular Internet radio websites such as Pandora utilize webcasting technology to broadcast music.

In March, 2007, large webcasters were forced to pay high royalties issued by the Copyright Royalty Board (CRB), a Library of Congress agency comprised of three Copyright Royalty Judges who determine rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties collected by the United States Copyright Office.  The CRB decision overruled any freely made negotiations between SoundExchange and large Webcasters, and resulted in large internet radio providers to scale back services. 

On September 27, 2008, the House passed H.R. 7084, which allowed all Webcasters to voluntarily negotiate internet streaming rates through SoundExchange, the industries royalty collection agency, for a limited time.  Essentially, the September bill allowed SoundExchange, for a limited time, to reach a settlement with large Webcasters, until the negotiation window closed and the CRB ruling went back into effect.  The negotiation authority expired on February 15, 2009.  H.R. 2344 would extend the negotiation period for an additional 30 days.

Summary

H.R. 2344 extends the ability of large, commercial and noncommercial Webcasters to negotiate royalty rates and terms other than those determined by the Copyright Royalty Board (CRB) in a May, 2007, decision. Under the decision, only "small webcasters" are allowed to negotiate royalty rates with the recording industries' non-profit organization that collects and distributes royalties on digital transmissions, known as SoundExchange. H.R. 2344 would extend the authority of SoundExchange to negotiate freely with any Webcaster.

Cost

CBO estimates that implementing H.R. 2344 would "have no effect on federal receipts or spending."

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)