; (ii) has a direct contractual, subscription, or other economic relationship with end users of the service or, if no such relationship with end users exists, exercises direct control over the provision of the service to end users; and (iii) either— (I) on any day in a calendar month, makes more than 5,000 different sound recordings of musical works available through such service; or (II) derives revenue or other consideration in connection with such covered activities greater than $50,000 in a calendar month, or total revenue or other consideration greater than $500,000 during the preceding 12 calendar months; and (B) does not include— (i) an entity whose covered activity consists solely of free-to-the-user streams of segments of sound recordings of musical works that do not exceed 90 seconds in length, are offered only to facilitate a licensed use of musical works that is not a covered activity, and have no revenue directly attributable to such streams constituting the covered activity; or (ii) a public broadcasting entity as defined in section 118(f). (32) Songwriter The term songwriter means the author of all or part of a musical work, including a composer or lyricist. (33) State The term State means each State of the United States, the District of Columbia, and each territory or possession of the United States. (34) Unclaimed accrued royalties The term unclaimed accrued royalties means accrued royalties eligible for distribution under subsection (d)(3)(J). (35) Unmatched The term unmatched , as applied to a musical work (or share thereof), means that the copyright owner of such work (or share thereof) has not been identified or located. (36) Voluntary license The term voluntary license means a license for use of a musical work (or share thereof) other than a compulsory license obtained under this section. . (b) Technical and conforming amendments to section 801 Section 801(b) of title 17, United States Code, is amended— (1) by redesignating paragraph (8) as paragraph (9)