Public Law 115-264, Orrin G. Hatch-Bob Goodlatte Music Modernization Act

Public Law 115-264, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, took effect on October 11, 2018. It changed 32 parts of the United States Code.

Title 17, Section 114(f): rewritten. Rewrote section 114(f) of title 17 by replacing paragraphs (1) and (2) with new text on statutory licensing rates, terms, costs, and binding effect. commenced on or after October 11, 2018.

Title 17, Section 114(f): renumbered. Renumbered paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively, in section 114(f) of title 17.

Title 17, Section 114(i): removed. Struck subsection (i) of section 114 of title 17.

Title 17, Section 114(f)(4)(C): amended. Replaced “under paragraph (4)” with “under paragraph (3)” in section 114(f)(4)(C) of title 17.

Title 17, Section 114(g): amended. Added paragraph (5) to section 114(g) of title 17 to require a policy for accepting letters of direction from certain payees for producer, mixer, or sound engineer payments.

Title 17, Section 114(g): amended. Added paragraph (6) to section 114(g) of title 17 to address receipts from transmissions of sound recordings fixed before November 1, 1995.

Title 17, Section 114(g)(2): amended. Replaced “An agent designated” with “Except as provided for in paragraph (6), a nonprofit collective designated by the Copyright Royalty Judges” in section 114(g)(2) of title 17.

Title 17, Section 114(g)(3): amended. Replaced “nonprofit agent designated” with “nonprofit collective designated by the Copyright Royalty Judges” in section 114(g)(3) of title 17.

Title 17, Section 114(g)(3): amended. Replaced “another designated agent” with “another designated nonprofit collective” in section 114(g)(3) of title 17.

Title 17, Section 114(g)(3): amended. Replaced “agent” with “collective” each subsequent place it appears in section 114(g)(3) of title 17.

Title 17, Section 114(g)(4): amended. Replaced “designated agent” with “nonprofit collective” in section 114(g)(4) of title 17.

Title 17, Section 114(g)(4): amended. Replaced “agent” with “collective” each subsequent place it appears in section 114(g)(4) of title 17.

Title 17, Section 114(g): amended. Added paragraph (7) to section 114(g) of title 17, stating that specified holding and distribution of receipts preempt State escheatment or abandoned property laws.

Title 17, Section 115(a): amended. Inserted “in General” after “Availability and Scope of Compulsory License” in the subsection heading of section 115(a) of title 17.

Title 17, Section 115(a): rewritten. Rewrote paragraph (1) of section 115(a) of title 17 to state the eligibility conditions for the compulsory license.

Title 17, Section 115(a)(2): amended. Replaced “A compulsory license” with “Musical arrangement.—A compulsory license” in section 115(a)(2) of title 17.

Title 17, Section 115: rewritten. Inserted new subsection (b) in section 115 of title 17, replacing the prior subsection (b) with procedures for obtaining a compulsory license for phonorecords other than digital phonorecord deliveries.

Title 17, Section 115: rewritten. Rewrote subsection (c) in section 115 of title 17 to set general conditions for compulsory licenses, including royalty entitlement and payment rules. commenced on or after October 11, 2018.

Title 17, Section 115: rewritten. Rewrote subsection (d) in section 115 of title 17 to add the blanket license for digital uses, the mechanical licensing collective, and the digital licensee coordinator.

Title 17, Section 115: amended. Added subsection (e) in section 115 of title 17 to define terms used in that section.

Title 17, Section 301: rewritten. Rewrote subsection (c) of section 301 of title 17 to provide that no sound recording fixed before February 15, 1972, shall be subject to copyright under this title.

Title 17, Section 801(b): renumbered. Renumbered paragraph (8) as paragraph (9) in section 801(b) of title 17.

Title 17, Section 801(b): amended. Inserted “(8) To determine the administrative assessment to be paid by digital music providers under section 115(d). The provisions of section 115(d) shall apply to the conduct of proceedings by the Copyright Royalty Judges under section 115(d) and not the procedures described in this section, or section 803, 804, or 805.” after paragraph (7) in section 801(b) of title 17.

Title 17, Section 801(b)(1): amended. Struck “The rates applicable under sections 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives:” and the rest of paragraph (1) through “prevailing industry practices.” in section 801(b)(1) of title 17. commenced on or after October 11, 2018.

Title 17, Section 801(b)(7)(B): amended. Replaced "114(f)(3)" with "114(f)(2)" in section 801(b)(7)(B) of title 17. commenced on or after October 11, 2018.

Title 17, Section 803(c)(2)(E)(i)(II): amended. Struck "or 114(f)(2)(C)" from section 803(c)(2)(E)(i)(II) of title 17.

Title 17, Section 803(c)(2)(E)(i)(II): amended. Replaced "114(f)(4)(B)" with "114(f)(3)(B)" in section 803(c)(2)(E)(i)(II) of title 17.

Title 17, Section 804(b)(3)(C)(i): amended. Struck "and 114(f)(2)(C)" from section 804(b)(3)(C)(i) of title 17.

Title 17, Section 804(b)(3)(C)(iii)(II): amended. Replaced "114(f)(4)(B)(ii)" with "114(f)(3)(B)(ii)" in section 804(b)(3)(C)(iii)(II) of title 17.

Title 17, Section 804(b)(3)(C)(iv): amended. Struck "or 114(f)(2)(C), as the case may be" from section 804(b)(3)(C)(iv) of title 17.

Title 17, Section 804(b)(3)(B): amended. Inserted "except that—(i) with respect to preexisting subscription services, the terms and rates finally determined for the rate period ending on December 31, 2022, shall remain in effect through December 31, 2027, and there shall be no proceeding to determine terms and rates for preexisting subscription services for the period beginning on January 1, 2023, and ending on December 31, 2027; and" " (ii) with respect to pre-existing satellite digital audio radio services, the terms and rates set forth by the Copyright Royalty Judges on December 14, 2017, in their initial determination for the rate period ending on December 31, 2022, shall be in effect through December 31, 2027, without any change based on a rehearing under secti" after "fifth calendar year" in section 804(b)(3)(B) of title 17.

Title 17, Section 1401: added. Added section 1401 of title 17 establishing unauthorized use rules for pre-1972 sound recordings and the related transition periods.