modates and does not interfere with
the transmission of technical measures that are widely used by sound
recording copyright owners to identify or protect copyrighted works, and
that are technically feasible of being transmitted by the transmitting
entity without imposing substantial costs on the transmitting entity or
resulting in perceptible aural or visual degradation of the digital
signal, except that the requirement of this clause shall not apply to a
satellite digital audio service that is in operation, or that is
licensed under the authority of the Federal Communications Commission,
on or before July 31, 1998, to the extent that such service has
designed, developed, or made commitments to procure equipment or
technology that is not compatible with such technical measures before
such technical measures are widely adopted by sound recording copyright
owners; and

(ix) the transmitting entity identifies in textual data the sound
recording during, but not before, the time it is performed, including
the title of the sound recording, the title of the phonorecord embodying
such sound recording, if any, and the featured recording artist, in a
manner to permit it to be displayed to the transmission recipient by the
device or technology intended for receiving the service provided by the
transmitting entity, except that the obligation in this clause shall not
take effect until 1 year after the date of the enactment of the Digital
Millennium Copyright Act and shall not apply in the case of a
retransmission of a broadcast transmission by a transmitting entity that
does not have the right or ability to control the programming of the
broadcast transmission, or in the case in which devices or technology
intended for receiving the service provided by the transmitting entity
that have the capability to display such textual data are not common in
the marketplace.

(3) Licenses for transmissions by interactive services.-

(A) No interactive service shall be granted an exclusive license under
section 106(6) for the performance of a sound recording publicly by
means of digital audio transmission for a period in excess of 12 months,
except that with respect to an exclusive license granted to an
interactive service by a licensor that holds the copyright to 1,000 or
fewer sound recordings, the period of such license shall not exceed 24
months: *Provided, however*, That the grantee of such exclusive license
shall be ineligible to recei