be brought under this
title against a manufacturer, importer or distributor of a digital audio
recording device, a digital audio recording medium, an analog recording
device, or an analog recording medium, or against a consumer, based on
the actions described in such section.

(K) Nothing in this section annuls or limits

(i) the exclusive right to publicly perform a sound recording or the
musical work embodied therein, including by means of a digital
transmission, under sections 106(4) and 106(6),

(ii) except for compulsory licensing under the conditions specified by
this section, the exclusive rights to reproduce and distribute the sound
recording and the musical work embodied therein under sections 106(1)
and 106(3), including by means of a digital phonorecord delivery, or
(iii) any other rights under any other provision of section 106, or
remedies available under this title, as such rights or remedies exist
either before or after the date of enactment of the Digital Performance
Right in Sound Recordings Act of 1995.

(L) The provisions of this section concerning digital phonorecord
deliveries shall not apply to any exempt transmissions or
retransmissions under section 114(d)(1). The exemptions created in
section 114(d)(1) do not expand or reduce the rights of copyright owners
under section 106(1) through (5) with respect to such transmissions and
retransmissions.

(4) A compulsory license under this section includes the right of the
maker of a phonorecord of a nondramatic musical work under subsection
(a)(1) to distribute or authorize distribution of such phonorecord by
rental, lease, or lending (or by acts or practices in the nature of
rental, lease, or lending). In addition to any royalty payable under
clause (2) and chapter 8 of this title, a royalty shall be payable by
the compulsory licensee for every act of distribution of a phonorecord
by or in the nature of rental, lease, or lending, by or under the
authority of the compulsory licensee. With respect to each nondramatic
musical work embodied in the phonorecord, the royalty shall be a
proportion of the revenue received by the compulsory licensee from every
such act of distribution of the phonorecord under this clause equal to
the proportion of the revenue received by the compulsory licensee from
distribution of the phonorecord under clause (2) that is payable by a
compulsory licensee under that clause and under chapter 8. The Register
of Copyrights shal