(3) Limits on royalties. Notwithstanding paragraph (1) or (2), the
amount of the royalty payment for each digital audio recording device
shall not be less than $1 nor more than the royalty maximum. The royalty
maximum shall be $8 per device, except that in the case of a physically
integrated unit containing more than 1 digital audio recording device,
the royalty maximum for such unit shall be $12. During the 6th year
after the effective date of this chapter, and not more than once each
year thereafter, any interested copyright party may petition the
Librarian of Congress to increase the royalty maximum and, if more than
20 percent of the royalty payments are at the relevant royalty maximum,
the Librarian of Congress shall prospectively increase such royalty
maximum with the goal of having no more than 10 percent of such payments
at the new royalty maximum; however the amount of any such increase as a
percentage of the royalty maximum shall in no event exceed the
percentage increase in the Consumer Price Index during the period under
review.
(b) Digital Audio Recording Media. The royalty payment due under section
1003 for each digital audio recording medium imported into and
distributed in the United States, or manufactured and distributed in the
United States, shall be 3 percent of the transfer price.
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