Librarian of Congress shall prescribe, in each fifth calendar year after
1997, except to the extent that different years for the repeating and
concluding of such proceedings may be determined in accordance with
subparagraphs (B) and (C).
(G) Except as provided in section 1002(e) of this title, a digital
phonorecord delivery licensed under this paragraph shall be accompanied
by the information encoded in the sound recording, if any, by or under
the authority of the copyright owner of that sound recording, that
identifies the title of the sound recording, the featured recording
artist who performs on the sound recording, and related information,
including information concerning the underlying musical work and its
writer.
(H)(i) A digital phonorecord delivery of a sound recording is actionable
as an act of infringement under section 501, and is fully subject to the
remedies provided by sections 502 through 506 and section 509, unless-
(I) the digital phonorecord delivery has been authorized by the
copyright owner of the sound recording; and
(II) the owner of the copyright in the sound recording or the entity
making the digital phonorecord delivery has obtained a compulsory
license under this section or has otherwise been authorized by the
copyright owner of the musical work to distribute or authorize the
distribution, by means of a digital phonorecord delivery, of each
musical work embodied in the sound recording.
(ii) Any cause of action under this subparagraph shall be in addition to
those available to the owner of the copyright in the nondramatic musical
work under subsection (c)(6) and section 106(4) and the owner of the
copyright in the sound recording under section 106(6).
(I) The liability of the copyright owner of a sound recording for
infringement of the copyright in a nondramatic musical work embodied in
the sound recording shall be determined in accordance with applicable
law, except that the owner of a copyright in a sound recording shall not
be liable for a digital phonorecord delivery by a third party if the
owner of the copyright in the sound recording does not license the
distribution of a phonorecord of the nondramatic musical work.
(J) Nothing in section 1008 shall be construed to prevent the exercise
of the rights and remedies allowed by this paragraph, paragraph (6), and
chapter 5 in the event of a digital phonorecord delivery, except that no
action alleging infringement of copyright may
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