of section 106 is limited to the right to prepare a derivative work in
which the actual sounds fixed in the sound recording are rearranged,
remixed, or otherwise altered in sequence or quality. The exclusive
rights of the owner of copyright in a sound recording under clauses (1)
and (2) of section 106 do not extend to the making or duplication of
another sound recording that consists entirely of an independent
fixation of other sounds, even though such sounds imitate or simulate
those in the copyrighted sound recording. The exclusive rights of the
owner of copyright in a sound recording under clauses (1), (2), and (3)
of section 106 do not apply to sound recordings included in educational
television and radio programs (as defined in section 397 of title 47)
distributed or transmitted by or through public broadcasting entities
(as defined by section 118(g): Provided, That copies or phonorecords of
said programs are not commercially distributed by or through public
broadcasting entities to the general public.

(c) This section does not limit or impair the exclusive right to
perform publicly, by means of a phonorecord, any of the works specified
by section 106(4).

(d) On January 3, 1978, the Register of Copyrights, after consulting
with representatives of owners of copyrighted materials,
representatives of the broadcasting, recording, motion picture,
entertainment industries, and arts organizations, representatives of
organized labor and performers of copyrighted materials, shall submit
to the Congress a report setting forth recommendations as to whether
this section should be amended to provide for performers and copyright
owners of copyrighted material any performance rights in such material.
The report should describe the status of such rights in foreign
countries, the views of major interested parties, and specific
legislative or other recommendations, if any.

Section 115. Scope of exclusive rights in nondramatic musical works:
Compulsory license for making and distributing phonorecords.

In the case of nondramatic musical works, the exclusive rights provided
by clauses (1) and (3) of section 106, to make and to distribute
phonorecords of such works, are subject to compulsory licensing under
the conditions specified by this section.

(a) Availability and Scope of Compulsory License.--

(1) When phonorecords of a nondramatic musical work have been
distributed to the public in the United States under the a