be entitled to the benefits of any distance
education exemption;

(5) the parties who should be designated as eligible recipients of
distance education materials under any distance education exemption;

(6) whether and what types of technological measures can or should be
employed to safeguard against unauthorized access to, and use or
retention of, copyrighted materials as a condition of eligibility for
any distance education exemption, including, in light of developing
technological capabilities, the exemption set out in section 110(2) of
title 17, United States Code;

(7) the extent to which the availability of licenses for the use of
copyrighted works in distance education through interactive digital
networks should be considered in assessing eligibility for any distance
education exemption; and

(8) such other issues relating to distance education through interactive
digital networks that the Register considers appropriate.

* * * * * * *

SEC. 405. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS;

EPHEMERAL RECORDINGS.

(a) Scope of Exclusive Rights in Sound Recordings.

* * * * * * *

(5) The amendment made by paragraph (2)(B)(i)(III) of this subsection
shall be deemed to have been enacted as part of the Digital Performance
Right in Sound Recordings Act of 1995, and the publication of notice of
proceedings under section 114(f)(1) of title 17, United States Code, as
in effect upon the effective date of that Act, for the determination of
royalty payments shall be deemed to have been made for the period
beginning on the effective date of that Act and ending on December 1,
2001.

(6) The amendments made by this subsection do not annul, limit, or
otherwise impair the rights that are preserved by section 114 of title
17, United States Code, including the rights preserved by subsections
(c), (d)(4), and (i) of such section.

* * * * * * *

(c) Scope of Section 112(a) of Title 17 Not Affected.

Nothing in this section or the amendments made by this section shall
affect the scope of section 112(a) of title 17, United States Code, or
the entitlement of any person to an exemption thereunder.

* * * * * * *

SEC. 406. ASSUMPTION OF CONTRACTUAL OBLIGATIONS RELATED TO-

TRANSFERS OF RIGHTS IN MOTION PICTURES.

(a) In General. Part VI of title 28, United States Code, is amended by
adding at the end the following new chapter:

"CHAPTER 180-ASSUMPTION OF
CERTAIN CONTRACTUAL OBLIGATIONS

"Sec. 4001. Ass