; and (ii) within 270 days after the effective date of this section, except in the case of transmissions that would have been exempt under section 114(d)(1), the transmitting entity pays statutory royalties and provides notice of the use of the relevant sound recordings in the same manner as required by regulations adopted by the Copyright Royalty Judges for sound recordings that are protected under this title for all the digital audio transmissions and reproductions satisfying the requirements for statutory licensing under section 114(d)(2) and section 112(e)(1) during the 3 years prior to the effective date of this section. (2) Rule of construction for common law copyright For purposes of subparagraphs (A) through (C) of paragraph (1), claims of common law copyright or equivalent rights under the law of any State include claims that characterize conduct subject to such subparagraphs as an unlawful distribution, act of record piracy, or similar violation. (3) Rule of construction for public performance rights Nothing in this section shall be construed to recognize or negate the existence of public performance rights in sound recordings under the law of any State. (e) Limitations on Remedies (1) Fair use