; or (ii) an incidental use of a sound recording of a musical work; . (d) Technical correction Section 118(f) of title 17, United States Code, is amended by striking section 397 of title 47 and inserting section 397 of the Communications Act of 1934 ( 47 U.S.C. 397 ) . 6. Distribution of certain royalties Section 114(g) of title 17, United States Code, is amended— (1) in paragraph (1), by inserting or in the case of a transmission to which paragraph (5) applies after this section