ve another exclusive license for the
performance of that sound recording for a period of 13 months from the
expiration of the prior exclusive license.

(B) The limitation set forth in subparagraph (A) of this paragraph shall
not apply if-

(i) the licensor has granted and there remain in effect licenses under
section 106(6) for the public performance of sound recordings by means
of digital audio transmission by at least 5 different interactive
services; *Provided, however*, That each such license must be for a
minimum of 10 percent of the copyrighted sound recordings owned by the
licensor that have been licensed to interactive services, but in no
event less than 50 sound recordings; or

(ii) the exclusive license is granted to perform publicly up to 45
seconds of a sound recording and the sole purpose of the performance is
to promote the distribution or performance of that sound recording.

(C) Notwithstanding the grant of an exclusive or nonexclusive license of
the right of public performance under section 106(6), an interactive
service may not publicly perform a sound recording unless a license has
been granted for the public performance of any copyrighted musical work
contained in the sound recording: *Provided*, That such license to
publicly perform the copyrighted musical work may be granted either by a
performing rights society representing the copyright owner or by the
copyright owner.

(D) The performance of a sound recording by means of a retransmission of
a digital audio transmission is not an infringement of section 106(6)
if-

(i) the retransmission is of a transmission by an interactive service
licensed to publicly perform the sound recording to a particular member
of the public as part of that transmission; and

(ii) the retransmission is simultaneous with the licensed transmission,
authorized by the transmitter, and limited to that particular member of
the public intended by the interactive service to be the recipient of
the transmission.

(E) For the purposes of this paragraph-

(i) a "licensor" shall include the licensing entity and any other entity
under any material degree of common ownership, management, or control
that owns copyrights in sound recordings; and

(ii) a "performing rights society" is an association or corporation that
licenses the public performance of nondramatic musical works on behalf
of the copyright owner, such as the American Society of Composers,
Authors and Publish