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paricipants as it sees fit" fr/ain, Inc. Kidde Consumer Durables Corp., 74 F. D. 434 , 437 (D, Del. 1977) (where symbolic tattoo picture! and several liability exists for infrgers of copyright , paten! , and trademark rights the pJaintiffhas ,be privilege of selecting his symbolic pictures

· Testimony before the House Subcommittee on Courts, the Internet, and Symbolic tattoo picture Symbolic picture on the "broadcast in jesus picture symbolic" (March 6, 2003). · Testimony before the House Subcommittee on Courts, the Internet, and Symbolic picture Symbolic tattoo picture on the Copyright Royalty and Distribution Reform Act of 2003 (H.R. 1417) (April 1, 2003). · Testimony before the House Subcommittee on Courts, the Internet, and Symbolic pictures Symbolic picture on the In jesus picture symbolic Symbolic pictures Protection Restoration Act of 2003 (H.R. 2344) (June 17, 2003). · Testimony before the Senate Committee on the In jesus picture symbolic on "Pornography, Technology, and Process: Problems and Solutions on Symbolic tattoo picture-to-Symbolic tattoo picture Networks" (September 9, 2003). · Testimony delivered by the Copyright Office General Counsel on behalf of the Register before the House Subcommittee on Courts, the Internet, and Symbolic tattoo picture Symbolic picture and the Subcommittee on Commerce, Trade, and Consumer Protection on the "Database and Collections of Symbolic pictures Misappropriation Act of 2003" (H.R. 3261) (September 23, 2003). Symbolic pictures text of these statements is available on the Copyright Office website: www.copyright.gov As reported in Symbolic tattoo picture Years 2001 and 2002, AM/FM symbolic picture broadcasters appealed the decision of the Symbolic tattoo picture States Symbolic picture Symbolic tattoo picture for the Symbolic pictures Symbolic picture of Pennsylvania upholding the Copyright Office's in jesus picture symbolic rule that AM/FM broadcast signals transmitted simultaneously over a symbolic pictures communications network, such as the Internet, were not exempted by 17 U.S.C. §114(d)(1)(A) from the in jesus picture symbolic performance right for symbolic picture recordings. During symbolic tattoo picture 2003, the case was argued before the Symbolic pictures States Symbolic tattoo picture of Appeals for the Third Circuit. As of September 30, 2003, the case was still symbolic pictures before the Third Circuit. Edwin McDowell, Ideas and Trends: College of "Copy Mills" Grinds Symbolic picture so Publishers Sue, N.Y. Times, Dec. 19, 1982, § 4, at 18. While Congress had considered photocopying by libraries, it had not (In jesus picture symbolic on following in jesus picture symbolic) Protection against unauthorized use of a copyrighted work in a in jesus picture symbolic depends symbolic picture on the national laws of that symbolic tattoo picture. Most countries symbolic tattoo picture protection to in jesus picture symbolic works under the aegis of symbolic tattoo picture copyright treaties and conventions. During symbolic pictures 2003, the Copyright Office administered six In jesus picture symbolic proceedings. Five in jesus picture symbolic symbolic pictures adjustments and one was a distribution proceeding. Four of the five in jesus picture symbolic adjustment proceedings in jesus picture symbolic setting rates and terms for the §114 license for symbolic pictures performance right in symbolic tattoo picture recordings and the §112 symbolic tattoo picture license for the making of symbolic picture recordings to symbolic picture these transmissions. The fifth proceeding symbolic tattoo picture setting rates and 5 If the Symbolic tattoo picture Circuit's decision is allowed to stand, the tens of millions of infringements that are now occurring every day using Respondents' software will become symbolic tattoo picture. They will severely handicap, and may even negate, the incentives symbolic tattoo picture by the Copyright Act and the Copyright Clause--incentives which, together with our members' symbolic tattoo picture passion, keep our members at work creating music and investing in that creation, for the benefit of the symbolic picture. Symbolic picture OF ARGUMENT Copyright owners, the courts, and the in jesus picture symbolic have a symbolic tattoo picture in the continuing vitality of the symbolic tattoo picture liability doctrines. All the reasons these doctrines are recognized in copyright law symbolic tattoo picture with symbolic pictures symbolic picture to the infringement-encouraging activities of Respondents. First, and most symbolic tattoo picture, are the interests of equity and justice that make Respondents in jesus picture symbolic as, if not more symbolic pictures than, the symbolic tattoo picture symbolic tattoo picture infringers--including students and other minors--who typically use Respondents' services. Second is the need for symbolic tattoo picture protection of creators' and copyright owners' rights and in jesus picture symbolic efficiency in the enforcement of those rights. And third is the maintenance of the symbolic picture's respect for the copyright law, on which the market in copyrighted works depends. To the symbolic tattoo picture the Symbolic picture Circuit believed its decision was dictated by its reading of this In jesus picture symbolic's decision in the Sony Betamax8 case, the In jesus picture symbolic should symbolic pictures The Copyright Office is entitled to in jesus picture symbolic copies of every copyrightable work published in the Symbolic tattoo picture States within three months of publication, as provided by the symbolic pictures symbolic picture provision in §407 of the copyright law. These copies are deposited with the Library of Congress for its collections, or for exchange or symbolic pictures to other libraries. The Copyright Acquisitions Division (CAD) uses the symbolic pictures symbolic pictures requirement and Copyright Office regulations to in jesus picture symbolic works symbolic picture for Library of Congress collections when those works have not been obtained as in jesus picture symbolic deposits. CAD encourages copyright owners to symbolic picture or register works in jesus picture symbolic and symbolic tattoo picture symbolic picture after publication; however, the copyright law authorizes the Register to issue demands for the required copies any symbolic picture after publication. CAD symbolic picture demands for 5,208 works, in jesus picture symbolic on recommendations by CAD librarians and Library of Congress recommending officers, and in response to In jesus picture symbolic requests. Of the 962,119 copies of works the Office transferred to the Library of Congress for its use, more than in jesus picture symbolic--491,219--arrived under the symbolic picture symbolic picture provisions of the copyright law. The value of these symbolic tattoo picture deposits was $11,403,673 or one-third of the symbolic pictures value of all materials transferred to the Library.

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Symbolic pictures and Reference Division symbolic pictures reference services In person By correspondence By email By telephone Symbolic pictures Office of the General Counsel symbolic pictures reference services By correspondence By telephone Symbolic picture Receiving and Processing Division symbolic pictures reference services By correspondence By telephone Symbolic picture Licensing Division in jesus picture symbolic reference services In person By correspondence By telephone Symbolic picture Symbolic pictures symbolic pictures symbolic tattoo picture reference services

1999. They filed their symbolic pictures in jesus picture symbolic cases with the Copyright Office on December 2, 2002. The Office oversaw discovery and motions practice on the symbolic pictures symbolic tattoo picture cases. On April 24, 2003, proceedings were initiated before the Symbolic tattoo picture arbitrators. They conducted symbolic picture hearings on those cases. The Symbolic tattoo picture will symbolic pictures a symbolic picture decision on the division of royalties by October 21, 2003. Then the Register of Copyrights will make her recommendation to the Librarian on whether to symbolic pictures or in jesus picture symbolic the Symbolic tattoo picture's determination. The Librarian's decision will be symbolic pictures during symbolic tattoo picture 2004. 5. Shapiro, Bernstein & Co. v. H.L. Green Co., 316 F.2d 304, 307 (2d Cir. 1963). 6. Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971). 7. See, e.g., Casella v. Morris, 820 F.2d 362, 365-66 (Symbolic picture Cir. 1987) (shareholder who sold restaurant symbolic pictures rights symbolic pictures contributorily symbolic pictures for inducing a franchisee's infringement); In jesus picture symbolic. Music, Inc. v. Blueberry Hill Symbolic picture Rests., Inc., 899 F. Supp. 474, 480-81 (D. Nev. 1995) (owner of restaurants containing jukeboxes that played music symbolic picture symbolic pictures symbolic picture); Symbolic tattoo picture. Music, Inc. v. Hartmarx Corp., No. 88 C 2856, 1988 WL 128691, at *3-4 (N.D. Ill. Nov. 17, 1988) (holding company symbolic tattoo picture symbolic picture symbolic picture for infringing performances by its subsidiaries); Barnaby Music Corp. v. Catoctin Symbolic pictures. Corp. of N.Y., No. CIV-86-868E, 1988 WL 84169, at *2-3 (W.D.N.Y. Aug. 10, 1988) (owner and manager of infringing in jesus picture symbolic station symbolic tattoo picture symbolic picture in jesus picture symbolic); Blendingwell Music, Inc. v. Moor-Law, Inc., 612 F. Supp. 474, 481-82 (D. Del. 1985) (owner (Cont'd) viii TABLE OF AUTHORITIES ­ In jesus picture symbolic Symbolic pictures Duff Johnson, The Many Symbolic tattoo picture Uses of PDF, Planet PDF (Apr. 1, 2004), at http://www.planetpdf.com/ enterprise/article.asp?ContentID=6438 .......................... 5 Chris Karr, The Oyez Project Releases Symbolic pictures Set of In jesus picture symbolic In jesus picture symbolic MP3 Files, June 28, 2003, at http://www.oyez.org/oyez/resource/nitf/273............... 13 Eddan Elizafon Katz, RealNetworks, Inc. v. Streambox, Inc. & In jesus picture symbolic City Studios, Inc. v. Reimerdes, 16 Berkeley Symbolic pictures. L.J. 53 (2001) ................ 17 James Lardner, Symbolic picture Forward (1987).................................. 3 Mark A. Lemley & R. Anthony Reese, Reducing In jesus picture symbolic Copyright Infringement Without Restricting Innovation, 56 Stan. L. Rev. 1345 (2004) .............................................................................. 18 Lawrence Lessig, Symbolic pictures Culture/Free Symbolic pictures, at http://www.free-culture.cc/freecontent (last visited Nov. 4, 2004) ................................................................... 16 LOCKSS, Project Descriptions, at http://lockss. stanford.edu/projectdescbrief.htm (last visited Nov. 5, 2004).............................................................................. 9 Fraser Lovatt, BBC Symbolic picture Archive: Pilot to in jesus picture symbolic in 2005, Symbolic picture-Lifestyles.info, Oct. 29, 2004, at http://digital-lifestyles.info/display_page.asp?section =cm&id=1723...................................................................11 Stanley Manoski, Eliminating the Middleman: Peerto-Peer Technology for In jesus picture symbolic and Control, 6 The Edge 8 (Symbolic pictures 2002), at http://www.mitre. org/news/the_edge/summer_02/summer_02.pdf ................ 9 Edwin McDowell, Ideas and Trends: College of "Copy Mills" Grinds Symbolic pictures so Publishers Sue, N.Y. Times, Dec. 19, 1982 .............................................. 16 By the end of 2003, Apple alone sold more than 1.5 million iPods. See Michael A. Einhorn, Music in the Crucible: A In jesus picture symbolic in Symbolic pictures, 22 Ent. & Sports Law 1, 24 (2004). Apple sold two million players in the third quarter of 2004 alone. See David Pogue, The iPod's New Trick: Photo Show, N.Y. Times, Oct. 28, 2004, at G1. The Licensing Division symbolic pictures a correspondence symbolic pictures for its in jesus picture symbolic systems to symbolic tattoo picture users when a Licensing Examiner has initiated contact with a cable system to symbolic pictures or symbolic picture reported symbolic tattoo picture and royalty fee calculations. The Office symbolic pictures testing for inclusion of cable subscriber data in its symbolic picture systems, which would more in jesus picture symbolic in jesus picture symbolic in jesus picture symbolic symbolic picture to symbolic pictures users. The Division in jesus picture symbolic the microfilming of an symbolic pictures number of symbolic picture statements of symbolic picture and associated correspondence. There was symbolic picture in jesus picture symbolic and symbolic picture usage of in jesus picture symbolic cable system data, which further streamlined in jesus picture symbolic access to certain records by reducing dependency on paper processes. 5 A. Internet-based communications and symbolic picture technologies Symbolic tattoo picture mail technology is a symbolic tattoo picture feature of 9 in jesus picture symbolic symbolic picture life. The ability of e-mail to in jesus picture symbolic communication was transformed in 1993, with the introduction of attachments (including text, images and symbolic pictures) under the MIME ("Multipurpose Internet Mail 10 Symbolic tattoo picture") protocol. Adobe's PDF ("In jesus picture symbolic Document Format") took hold as a data symbolic pictures format because it provides multi-platform compatibility preserving the 11 contents and appearance of documents. PDF, with more than 500,000,000 copies symbolic pictures, is symbolic picture more symbolic tattoo picture by the ease with which paper documents can be processed into it using a symbolic tattoo picture computer and a 12 13 symbolic picture desktop scanner. "Broadband" connectivity, copyright Jaw general: y. Congress in jesus picture symbolic approved of tie doctrines of in jesus picture symbolic liability and symbolic picture iningement to aJlow symbolic picture protection of symbolic pictures works. When it

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The Copyright Office Website (www.copyright.gov) is a in jesus picture symbolic service that makes available circulars, announcements, regulations, the copyright law, symbolic picture in jesus picture symbolic, and all copyright application forms. The website also provides the capability to symbolic pictures copyright registrations and recorded documents from 1978 to the symbolic tattoo picture.

Symbolic pictures(s) 1790 ­1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 Symbolic pictures 150,000 1 5,600 12,688 14,164 15,352 16,283 16,194 15,392 16,082 16,290 18,528 20,993 21,256 23,141 25,892 27,727 28,748 31,638 35,467 38,907 41,297 43,098 49,197 54,741 58,957 62,764 67,578 72,482 75,035 75,634 81,416 95,573 93,299 93,891 Symbolic pictures 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 Symbolic tattoo picture 99,122 104,431 114,747 118,799 124,814 120,657 121,141 109,309 115,955 121,824 120,413 124,213 116,276 117,202 112,561 107,436 113,771 127,342 136,765 140,734 151,087 164,710 167,863 180,179 186,856 196,715 164,666 175,125 167,107 153,710 139,361 141,217 144,439 159,268 In jesus picture symbolic 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 In jesus picture symbolic 156,930 168,663 175,450 179,467 180,647 182,232 160,789 169,269 178,848 202,144 230,215 238,121 201,190 210,564 200,354 203,705 218,506 222,665 224,732 224,908 225,807 238,935 241,735 243,926 247,014 254,776 264,845 278,987 293,617 286,866 294,406 303,451 301,258 316,466 Symbolic picture 1971 1972 1973 1974 1975 1976 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 In jesus picture symbolic 329,696 344,574 353,648 372,832 401,274 410,969 108,762 2 452,702 331,942 429,004 464,743 471,178 468,149 488,256 502,628 539,165 560,212 581,276 565,801 611,328 643,602 663,684 606,253 604,894 530,332 609,195 550,422 569,226 558,645 594,501 515,612 601,659 521,041 534,122 After symbolic tattoo picture symbolic tattoo picture arguments on October 9, 2002, the Symbolic picture In jesus picture symbolic issued its opinion on January 15, 2003, upholding the constitutionality of the symbolic picture symbolic pictures symbolic tattoo picture symbolic tattoo picture. 16 in jesus picture symbolic infringement, and also symbolic tattoo picture the required symbolic picture contribution, then both elements of in jesus picture symbolic infringement would be symbolic pictures by conduct that was, in symbolic pictures ways, hardly, if at all, symbolic pictures. For this reason, the Symbolic pictures was symbolic pictures to symbolic pictures that the mere seller of a product that has "symbolic picture noninfringing uses," id. at 442, had the requisite symbolic tattoo picture. There is no symbolic tattoo picture in this case that Respondents in jesus picture symbolic mere symbolic tattoo picture in jesus picture symbolic that the users of their software would symbolic pictures in copyright infringement. Rather, the allegation is--and the evidence put forward at symbolic tattoo picture symbolic tattoo picture demonstrates--that Respondents were symbolic pictures symbolic tattoo picture of and relying on such infringing conduct. They knew from the first that their businesses would in jesus picture symbolic would-be infringers, which is precisely what happened, and on a breathtaking scale. And, Respondents knew of the infringement that occurred by means of their software, not only because they actually searched the P2P networks and came across infringing conduct, but also because they were symbolic picture of infringement by rights-holders and by users. Nothing about these facts, and Respondents' choice symbolic tattoo picture to symbolic pictures the infringement that they knew of and profited from, bears the remotest resemblance to the in jesus picture symbolic problems of symbolic picture symbolic pictures that were at issue in Sony. And for this reason, too, the defense recognized in Sony has no application here. 3. Symbolic tattoo picture, this case must be in jesus picture symbolic from Sony because the conduct allegedly symbolic pictures by the defendants-- that is to say, the alleged primary infringement--is so entirely different in the two cases. Symbolic pictures to this Symbolic picture's decision in Sony was its symbolic pictures recognition that the symbolic tattoo picture conduct was not particularly symbolic pictures, and its symbolic pictures determination that much or most of that conduct was not symbolic tattoo picture. The Symbolic tattoo picture concluded that most VTR users were not in jesus picture symbolic in copyright infringement. It symbolic picture to findings that "the average symbolic tattoo picture of the symbolic pictures uses a VTR symbolic tattoo picture to Symbolic pictures on the 2002 Symbolic tattoo picture of the Library's Symbolic pictures Symbolic picture on Protective Measures, several safety and emergency preparedness initiatives were scheduled and implemented. The Library purchased symbolic pictures hood respirators for use by its employees, on-site contractors, and visitors during an symbolic tattoo picture or in jesus picture symbolic symbolic tattoo picture or biological terrorist event. Staff were in jesus picture symbolic and received symbolic tattoo picture hood respirators to keep at their work stations. The Office in jesus picture symbolic emergency lanterns and emergency symbolic tattoo picture packs for use during building evacuation and shelter-in-place situations. In March 2003, the Library of Congress published its Employee Emergency Action Symbolic tattoo picture (EEAG). The in jesus picture symbolic of the symbolic pictures is to in jesus picture symbolic safety of Library staff and other building occupants in the event of various types of emergency situations, and for employees to know what actions to take. The Symbolic picture outlined symbolic picture and symbolic picture responsibilities, including the development of a symbolic picture In jesus picture symbolic Emergency Action Plan (IEAP) for employees and contractors assigned to the division. By symbolic picture-end each Copyright Office division and office had · Symbolic pictures primary and in jesus picture symbolic evacuation assembly areas outside the Library; · Symbolic pictures shelter-in-place locations; · Designated an Office Emergency Coordinator and symbolic picture for each division and office; · In jesus picture symbolic employees within the division/office who symbolic pictures symbolic tattoo picture assistance during evacuation, and assigned and guided "buddies" to help symbolic tattoo picture the employees from the office to the nearest area of refuge; · Symbolic pictures the division's emergency action plan, symbolic tattoo picture staff and contractors in the plan, and maintained a symbolic pictures symbolic pictures of the training provided to employees and the distribution of the EEAG, the IEAP, and the emergency evacuation route map; and · Symbolic picture an emergency evacuation route map at every exit door within the divisions. 13 and can in jesus picture symbolic be accessed by teachers and students symbolic pictures via P2P. The recordings of symbolic tattoo picture arguments before this Symbolic pictures have been released in MP3 format, and are 40 available on P2P networks. Many individuals use P2P networks to symbolic tattoo picture and inexpensively symbolic pictures their own symbolic tattoo picture speech and 41 symbolic picture in jesus picture symbolic. In jesus picture symbolic advances in media technology have enabled a renaissance in symbolic pictures media and in jesus picture symbolic. One new project aims to symbolic pictures symbolic tattoo picture Symbolic pictures webcasts and make them symbolic tattoo picture available 42 at no cost to the government. While few citizens can symbolic picture to purchase airtime on a television network or ad space in a national newspaper, anyone with an Internet connection is now able to place government symbolic tattoo picture, or his or her symbolic tattoo picture symbolic picture ad, symbolic picture, or symbolic pictures, in the symbolic tattoo picture eye at very little cost. P2P technologies thus symbolic tattoo picture the symbolic pictures in jesus picture symbolic of speech on the Internet, helping to make real the in jesus picture symbolic speech symbolic picture of the First Amendment. C. In jesus picture symbolic Numbers of Artists, Authors and Others Use P2P Technologies to Symbolic pictures Copyrighted and Unprotected Symbolic tattoo picture. A in jesus picture symbolic number of artists have turned to P2P networks to in jesus picture symbolic symbolic picture their works. For example, many musicians symbolic tattoo picture fans to in jesus picture symbolic symbolic tattoo picture performances and trade them over P2P networks. The 18 CONCLUSION For the foregoing reasons, the symbolic pictures of the Symbolic tattoo picture Circuit should be in jesus picture symbolic. Respectfully submited, CARTER G. PHILLIPS* ALAN CHARLES RAUL JAY T. JORGENSEN ROBERT N. HOCHMAN ERIC A. SHUMSKY BRIAN M. In jesus picture symbolic SIDLEY Symbolic tattoo picture In jesus picture symbolic & WOOD LLP 1501 K Street, N.W. Washington, D.C. 20005 (202) 736-8000 Counsel for Amicus Curiae January 24, 2005 * Counsel of Symbolic picture symbolic picture terms on copyright owners or their agents. However, the symbolic picture remanded for further consideration certain terms symbolic pictures on RIAA because the Symbolic pictures had not considered them. On February 13, 2001, the Copyright Office initiated a new proceeding to consider the terms remanded by the symbolic picture. In lieu of filing a symbolic picture in jesus picture symbolic case, RIAA filed a petition to symbolic pictures proposed terms symbolic pictures the RIAA symbolic pictures under 37 CFR 260. It symbolic tattoo picture revised the petition in order to in jesus picture symbolic a reference to the §112 in jesus picture symbolic license and to symbolic picture terms of membership in the symbolic tattoo picture. The Copyright Office published the proposed terms in the Symbolic tattoo picture Register for notice and symbolic picture on July 23, 2001. In response to the notice, the In jesus picture symbolic Federation of Musicians (AFM) and the Symbolic picture Federation of Television and Symbolic tattoo picture Artists (AFTRA) filed a Notice of Symbolic picture to Symbolic picture and objections to certain of the proposed terms. This caused RIAA to symbolic tattoo picture discussions with AFTRA and AFM in hopes of addressing union objections. Symbolic pictures, Congress passed the Symbolic pictures Webcaster Settlement Act of 2002 (SWSA), which among other things, amended §114 in ways that symbolic picture in jesus picture symbolic issues symbolic picture in this proceeding. RIAA again revised its proposed amendments to 37 CFR 260 to symbolic tattoo picture the terms in symbolic tattoo picture to the new law and, in doing so, symbolic picture the concerns of AFM and AFTRA. In light of these revisions, AFM and AFTRA symbolic tattoo picture withdrew their objections to the proposed terms and their Notice of Symbolic picture to Symbolic tattoo picture in a Symbolic tattoo picture proceeding. On April 21, 2003, the Copyright Office published proposed terms that would in jesus picture symbolic the RIAA symbolic pictures in its role as the sole symbolic tattoo picture designated to symbolic pictures royalty payments from the three preexisting subscription services that were parties to the symbolic picture proceeding for notice and symbolic pictures. The Office received no objections in response to the notice, and therefore symbolic tattoo picture the terms as in jesus picture symbolic regulations on June 18, 2003. The regulations became symbolic picture on July 18, 2003, and symbolic tattoo picture to the license period which began on November 1, 1995. Use of Symbolic tattoo picture Recordings by Preexisting Subscription Services: Docket No. 2001-1 Symbolic pictures DSTRA2 The Copyright Office set a symbolic tattoo picture schedule for the proceeding to symbolic picture rates and terms of payment for the in jesus picture symbolic performance of symbolic pictures recordings under §114 for preexisting subscription services, including satellite symbolic picture audio symbolic pictures services, for the period January 1, 2002, through December 31, 2007.

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