(3) Licenses for transmissions by interactive services.-
(A) No interactive service shall be granted an exclusive license under
section 106(6) for the performance of a sound recording publicly by
means of digital audio transmission for a period in excess of 12 months,
except that with respect to an exclusive license granted to an
interactive service by a licensor that holds the copyright to 1,000 or
fewer sound recordings, the period of such license shall not exceed 24
months: *Provided, however*, That the grantee of such exclusive license
shall be ineligible to receive another exclusive license for the
performance of that sound recording for a period of 13 months from the
expiration of the prior exclusive license.
(B) The limitation set forth in subparagraph (A) of this paragraph shall
not apply if-
(i) the licensor has granted and there remain in effect licenses under
section 106(6) for the public performance of sound recordings by means
of digital audio transmission by at least 5 different interactive
services; *Provided, however*, That each such license must be for a
minimum of 10 percent of the copyrighted sound recordings owned by the
licensor that have been licensed to interactive services, but in no
event less than 50 sound recordings; or
(ii) the exclusive license is granted to perform publicly up to 45
seconds of a sound recording and the sole purpose of the performance is
to promote the distribution or performance of that sound recording.
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