If the copyright owner
fails to do so in a timely manner in light of the transmitting
organization's reasonable business requirements, the transmitting
organization shall not be liable for a violation of section 1201(a)(1)
of this title for engaging in such activities as are necessary to make
such phonorecords as permitted under this subsection.
(9) Nothing in this subsection annuls, limits, impairs, or otherwise
affects in any way the existence or value of any of the exclusive rights
of the copyright owners in a sound recording, except as otherwise
provided in this subsection, or in a musical work, including the
exclusive rights to reproduce and distribute a sound recording or
musical work, including by means of a digital phonorecord delivery,
under section 106(1), 106(3), and 115, and the right to perform publicly
a sound recording or musical work, including by means of a digital audio
transmission, under sections 106(4) and 106(6).
(f) The transmission program embodied in a copy or phonorecord made
under this section is not subject to protection as a derivative work
under this title except with the express consent of the owners of
copyright in the preexisting works employed in the program.
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