Equitable treatment for terrestrial broadcasts and internet services

(a) Performance right applicable to audio transmissions generally Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: (6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.. (b) Inclusion of terrestrial broadcasts in existing performance right and statutory license Section 114(d)(1) of title 17, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking a digital and inserting an; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking nonsubscription each place such term appears and inserting licensed nonsubscription. (c) Technical and conforming amendments (1) Definition Section 101 of title 17, United States Code, is amended by inserting after the definition of architectural work the following: An audio transmission is a transmission of a sound recording, whether in a digital, analog, or other format. This term does not include the transmission of any audiovisual work.. (2) Conforming removal of digital Title 17, United States Code, is amended— (A) in section 112(e)(8), by striking a digital audio transmission and inserting an audio transmission; (B) in section 114— (i) in subsection (d)— (I) in paragraph (2)— (aa) in the matter preceding subparagraph (A), by striking subscription digital and inserting subscription; and (bb) in subparagraph (C)(viii), by striking digital signal and inserting signal; and (II) in paragraph (4)— (aa) in subparagraph (A), by striking a digital audio transmission and inserting an audio transmission; and (bb) in subparagraph (B)(i), by striking a digital audio transmission and inserting an audio transmission; (ii) in subsection (g)(2)(A), by striking a digital and inserting an; and (iii) in subsection (j)— (I) in paragraph (6)— (aa) by striking digital; and (bb) by striking retransmissions of broadcast transmissions and inserting broadcast transmissions and retransmissions of broadcast transmissions; and (II) in paragraph (8), by striking subscription digital and inserting subscription; and (C) in section 1401— (i) in subsection (b), by striking a digital audio and inserting an audio; and (ii) in subsection (d)— (I) in paragraph (1), by striking a digital audio and inserting an audio; (II) in paragraph (2)(A), by striking a digital audio and inserting an audio; and (III) in paragraph (4)(A), by striking a digital audio and inserting an audio.