sounds, even though such sounds imitate or simulate those in the
copyrighted sound recording. The exclusive rights of the owner of
copyright in a sound recording under clauses (1), (2), and (3) of section
106 do not apply to sound recordings included in educational television
and radio programs (as defined in section 397 of title 47) distributed or
transmitted by or through public broadcasting entities (as defined by
section 118(g): Provided, That copies or phonorecords of said programs
are not commercially distributed by or through public broadcasting
entities to the general public.

(c) This section does not limit or impair the exclusive right to perform
publicly, by means of a phonorecord, any of the works specified by
section 106(4).

(d) On January 3, 1978, the Register of Copyrights, after consulting
with representatives of owners of copyrighted materials,
representatives of the broadcasting, recording, motion picture,
entertainment industries, and arts organizations, representatives of
organized labor and performers of copyrighted materials, shall submit
to the Congress a report setting forth recommendations as to whether
this section should be amended to provide for performers and copyright
owners of copyrighted material any performance rights in such
material. The report should describe the status of such rights in foreign
countries, the views of major interested parties, and specific legislative
or other recommendations, if any.


Section 115. Scope of exclusive rights in nondramatic musical works:
Compulsory license for making and distributing phonorecords.