Number: RL33922
Title: Platform Equality and Remedies for Rights Holders in Music Act of 2007 (S. 256): Section-by-Section Analysis
Authors: Kate M. Manuel and Brian T. Yeh, American Law Division 
Abstract: S. 256, the Platform Equality and Remedies for Rights Holders in Music Act of 2007 (the Perform Act), introduced on January 11, 2007, by Senator Dianne Feinstein, seeks to promote parity in the music licensing fees paid by entities involved in the digital performance and distribution of copyrighted music. It would amend certain provisions of U.S. copyright law (17 U.S.C. §§ 112 and 114) to (1) subject all digital public performances of copyrighted sound recordings to compulsory licensing under the same statutory provision and standards, regardless of whether they are transmitted by preexisting or new, subscription, or nonsubscription services; (2) require services that transmit digital public performances of copyrighted sound recordings under compulsory licenses to use technological measures to prevent the making of copies embodying the transmission of the sound recordings; and (3) use the fair market value of the copyrighted sound recordings in setting compulsory license fees for digital public performances of them. This report provides a section-by-section analysis of the Perform Act and the changes it would make to U.S. copyright law.
Pages: 16
Date: March 15, 2007