Platform Equality and Remedies for Rights Holders in Music Act of 2007 or the Perform Act of 2007

This Act was introduced in the senate by Sen. Dianne Feinstein (Ca.), and co-sponsored by three others, on January 11, 2007, and is a bill “to harmonize rate setting standards for copyright licenses under sections 112 and 114 of title 17, United States Code, and for other purposes.” This Act may be cited as the “Platform Equality and Remedies for Rights Holders in Music Act of 2007 or the Perform Act of 2007.” As of January 11, 2007, the latest congressional action on this proposed legislation was its referral to the Committee on the Judiciary after going the first and second readings.

Under this bill, Copyright Royalty Judges are mandated to provide rates for a statutory license for the transmission of sound recordings by organizations that most clearly represent the fair market value of the rights licensed.  In establishing such rates and terms, Copyright Royalty Judges should look into: (1) the fair market value of the rights licensed; and (2) the degree to which reasonable recording affects the potential market for sound recordings and the additional fees that are required to be paid by services for compensation.

The various processes for establishing rates and terms of royalty payments for subscription transmissions are proposed to be substituted under this bill by pre existing subscription services, satellite digital radio services, and eligible nonsubscription transmission services with one process for all such transmissions.

This proposed piece of legislation likewise seeks to permit performing rights society or a mechanical rights organization to monitor public performances or other uses of copyrighted works contained in transmissions.

The bill provides that, “any such organization or entity shall be granted a license on either a gratuitous basis or for a de minimus fee to cover only the reasonable costs to the licensor of providing the license, and on reasonable, nondiscriminatory terms, to access and retransmit as necessary any content contained in such transmissions protected by content protection or similar technologies, if such licenses are for purposes of carrying out the activities of such organizations or entities in monitoring the public performance or other uses of copyrighted works, and such organizations or entities employ reasonable methods to protect any such content accessed from further distribution.”

Further, under this bill, the Register of Copyrights is mandated to convene a meeting among affected parties to discuss whether to recommend the formation of a new category of limited interactive services, including an appropriate premium rate for such services, within certain statutory licenses for subscription transmissions.

Also See:

FCC Adopts New Rules Permitting TV Channel Sharing by Broadcasters; Enacts First Step Towards Freeing UP Spectrum under Incentive Auction

FCC Modernizes Broadcast Television Public Inspection Files to Give the Public Online Access to Information Previously Available Only at TV Stations

Copyright Office Conducts Proceedings on Exemption to Prohibition on Circumvention of Copyright Protection Systems

Legislation to Deregulate Television Market Introduced in House and Senate

Copyright Office Proposes New Fee Schedule