Page:United States Statutes at Large Volume 98 Part 2.djvu/568

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1728 17 USC 801 et «^9

Regulations.

PUBLIC LAW 98-450—OCT. 4, 1984

the nature of rental, lease, or lending). In addition to any royalty payable under clause (2) and chapter 8 of this title, a royalty shall be payable by the compulsory licensee for every act of distribution of a phonorecord by or in the n a t u r e of rental, lease, or lending, by or under the authority of the compulsory licensee. With respect to each nondramatic musical work embodied in the phonorecord, the royalty shall be a proportion of the revenue received by the compulsory licensee from every such act of distribution of the phonorecord under this clause equal to the proportion of the revenue received by the compulsory licensee from distribution of the phonorecord under clause (2) that is payable by a compulsory licensee under that clause and under chapter 8. The Register of Copyrights shall issue regulations to carry out the purpose of this clause.". EFFECTIVE DATE

17 USC 109 note.

SEC. 4. (a) The amendments made by this Act shall take effect on the date of the enactment of this Act. (b) The provisions of section 109(b) of title 17, United States Code, as added by section 2 of this Act, shall not affect the right of an owner of a particular phonorecord of a sound recording, who acquired such ownership before the date of the enactment of this Act, to dispose of the possession of that particular phonorecord on or after such date of enactment in any manner permitted by section 109 of title 17, United States Code, as in effect on the day before the date of the enactment of this Act. (c) The amendments made by this Act shall not apply to rentals, leasings, lendings (or acts or practices in the nature of rentals, leasings, or lendings) occurring after the date which is five years after the date of the enactment of this Act. Approved October 4, 1984.

LEGISLATIVE HISTORY—S. 32 (H.R. 5938): HOUSE REPORT No. 98-987 accompanying H.R. 5938 (Comm. on the Judiciary). SENATE REPORT No. 98-162 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): June 28, considered and passed Senate. Vol. 130 (1984): Sept. 11, H.R. 5938 considered and passed House; S. 32, amended, passed in lieu. Sept. 21, Senate concurred in House amendment.