"sound recording performance complement" is the transmission
during any 3-hour period, on a particular channel used by a transmitting
entity, of no more than-

(A) 3 different selections of sound recordings from any one phonorecord
lawfully distributed for public performance or sale in the United
States, if no more than 2 such selections are transmitted consecutively;
or

(B) 4 different selections of sound recordings-

(i) by the same featured recording artist; or

(ii) from any set or compilation of phonorecords lawfully distributed
together as a unit for public performance or sale in the United States,
if no more than three such selections are transmitted consecutively:

*Provided*, That the transmission of selections in excess of the
numerical limits provided for in clauses (A) and (B) from multiple
phonorecords shall nonetheless qualify as a sound recording performance
complement if the programming of the multiple phonorecords was not
willfully intended to avoid the numerical limitations prescribed in such
clauses.

(14) A "subscription" transmission is a transmission that is controlled
and limited to particular recipients, and for which consideration is
required to be paid or otherwise given by or on behalf of the recipient
to receive the transmission or a package of transmissions including the
transmission.

(15) A "transmission" is either an initial transmission or a
retransmission.

Section 115. Scope of exclusive rights in nondramatic musical works:
Compulsory license for making and distributing phonorecords [49]

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 authority of
the copyright owner, any other person, including those who make
phonorecords or digital phonorecord deliveries, may, by complying with
the provisions of this section, obtain a compulsory license to make and
distribute phonorecords of the work. A person may obtain a compulsory
license only if his or her primary purpose in making phonorecords is to
distribute them to the public for private use, including by means of a
digital phonorecord delivery. A person may