; (D) by striking paragraph (3)(D) and inserting the following: (D) The schedule of reasonable rates and terms determined by the Copyright Royalty Judges shall, subject to subparagraph (E), be binding on all copyright owners of nondramatic musical works and persons entitled to obtain a compulsory license under subsection (a)(1) during the period specified in subparagraph (C), such other period as may be determined pursuant to subparagraphs (B) and (C), or such other period as the parties may agree. The Copyright Royalty Judges shall establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. In determining such rates and terms for digital phonorecord deliveries, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including— (i) whether use of the compulsory licensee’s service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the musical work copyright owner’s other streams of revenue from its musical works; and (ii) the relative roles of the copyright owner and the compulsory licensee in the copyrighted work and the service made available to the public with respect to the relative creative contribution, technological contribution, capital investment, cost, and risk. ; (E) in paragraph (3)(E)(i), by striking Librarian of Congress and ; (F) in paragraph (3)(G)(i)(II)— (i) by striking owner of the copyright in the sound recording or the ; and (ii) by striking to distribute or authorize the distribution, by means of a digital phonorecord delivery and inserting , or by a record company pursuant to an individual download license, to make and distribute phonorecords by means of digital phonorecord delivery