112 STAT. 2888
PUBLIC LAW 105-304—OCT. 28, 1998
,
(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and
(2) by inserting after subsection (a) the following:
"(b) In addition to the functions and duties set out elsewhere
in this chapter, the Register of Copyrights shall perform the following functions:
"(1) Advise Congress on national and international issues
relating to copyright, other matters arising under this title,
and related matters.
"(2) Provide information and assistance to Federal departments and agencies and the Judiciary on national and international issues relating to copyright, other matters arising
under this title, and related matters.
"(3) Participate in meetings of international intergovernmental organizations and meetings with foreign government
officials relating to copyright, other matters arising under this
title, and related matters, including as a member of United
States delegations as authorized by the appropriate Executive
branch authority.
"(4) Conduct studies and programs regarding copyright,
other matters arising under this title, and related matters,
the administration of the Copyright Office, or any function
vested in the Copyright Office by law, including educational
programs conducted cooperatively with foreign intellectual
property offices and international intergovernmental organizations.
"(5) Perform such other functions as Congress may direct,
or as may be appropriate in furtherance of the functions and
duties specifically set forth in this title.".
SEC. 402. EPHEMERAL RECORDINGS.
Section 112(a) of title 17, United States Code, is amended—
(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;
(2) by inserting «(1)" after "(a)";
(3) by inserting after "under a license" the following:
", including a statutory license under section 114(f),";
(4) by inserting after "114(a)," the following: "or for a
transmitting organization that is a broadcast radio or television
station licensed as such by the Federal Communications
Commission and that makes a broadcast transmission of a
performance of a sound recording in a digital format on a
nonsubscription basis,"; and
(5) by adding at the end the following:
"(2) In a case in which a transmitting organization entitled
to make a copy or phonorecord under paragraph (1) in connection
with the transmission to the public of a performance or display
of a work is prevented from making such copy or phonorecord
by reason of the application by the copyright owner of technical
measures that prevent the reproduction of the work, the copyright
owner shall make available to the transmitting organization the
necessary means for permitting the making of such copy or phonorecord as permitted under that paragraph, if it is technologically
feasible and economically reasonable for the copyright owner to
do so. If the copyright owner fails to do so in a timely manner
in light of the transmitting organization's reasonable business
requirements, the transmitting organization shall not be liable for
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