ion royalty panel or decision by
the Librarian of Congress.
(4)(A) The Librarian of Congress shall also establish requirements by
which copyright owners may receive reasonable notice of the use of their
sound recordings under this section, and under which records of such use
shall be kept and made available by entities performing sound
recordings.
(B) Any person who wishes to perform a sound recording publicly by means
of a transmission eligible for statutory licensing under this subsection
may do so without infringing the exclusive right of the copyright owner
of the sound recording-
(i) by complying with such notice requirements as the Librarian of
Congress shall prescribe by regulation and by paying royalty fees in
accordance with this subsection; or
(ii) if such royalty fees have not been set, by agreeing to pay such
royalty fees as shall be determined in accordance with this subsection.
(C) Any royalty payments in arrears shall be made on or before the
twentieth day of the month next succeeding the month in which the
royalty fees are set.
(g) Proceeds From Licensing of Transmissions.-
(1) Except in the case of a transmission licensed under a statutory
license in accordance with subsection (f) of this section-
(A) a featured recording artist who performs on a sound recording that
has been licensed for a transmission shall be entitled to receive
payments from the copyright owner of the sound recording in accordance
with the terms of the artist's contract; and
(B) a nonfeatured recording artist who performs on a sound recording
that has been licensed for a transmission shall be entitled to receive
payments from the copyright owner of the sound recording in accordance
with the terms of the nonfeatured recording artist's applicable contract
or other applicable agreement.
(2) The copyright owner of the exclusive right under section 106(6) of
this title to publicly perform a sound recording by means of a digital
audio transmission shall allocate to recording artists in the following
manner its receipts from the statutory licensing of transmission
performances of the sound recording in accordance with subsection (f) of
this section:
(A) 21/2 percent of the receipts shall be deposited in an escrow account
managed by an independent administrator jointly appointed by copyright
owners of sound recordings and the American Federation of Musicians (or
any successor entity) to be distributed to nonfeatured
|