US (United States) Code. Title 17. Chapter 8: Copyright arbitration royalty panels

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Copyrights

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-CITE-

17 USC CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS

.

-HEAD-

CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS

-MISC1-

Sec.

801. Copyright arbitration royalty panels: Establishment and

purpose.

802. Membership and proceedings of copyright arbitration royalty

panels.

803. Institution and conclusion of proceedings.

HISTORICAL AND REVISION NOTES

HOUSE REPORT NO. 94-1476

Chapter 8 (this chapter) establishes a Copyright Royalty

Commission for the purpose of periodically reviewing and adjusting

statutory royalty rates for use of copyrighted materials pursuant

to compulsory licenses provided in sections 111 (secondary

transmissions by cable systems), 115 (mechanical royalties) and 116

(jukebox) of the bill. In addition, the Commission will make

determinations as to reasonable terms and rates of royalty payments

as provided in section 118 (public broadcasting), and to resolve

disputes over the distribution of royalties paid pursuant to the

statutory licenses in sections 111 and 116.

The Committee recognizes that the industries affected by the

royalty rates over which the Commission has jurisdiction are very

different, and it is therefore expected that any adjustment of a

rate by the Commission shall be based on the economic conditions

peculiar to the industries affected by that rate. Likewise, the

Committee recognizes the fact that the cable television industry is

a developing industry in transition, whereas the recording and

jukebox industries are long-established. Therefore, the Committee

has chosen periods of different lengths in which the Commission is

to review the rates affecting those industries. Rates for

retransmission of copyrighted works by cable television systems

will be reviewed in 1980 and each subsequent fifth year. Rates

established for mechanical reproduction will be reviewed in 1980,

1987, and in each subsequent 10th year. Rates for performance by

jukebox will be reviewed in 1980, and in each subsequent 10th

year. Rates and terms under section 118 will be reviewed in 1982

and in each subsequent fifth year. The Committee does not intend

that rate changes, whether up or down, should necessarily be made

as the result of such periodic reviews.

The Committee has chosen to stagger the times for review of the

various rates established under the bill so as to balance the

workload of the Commission. Cable and copyright owners agreed to a

set of standards for the adjustment of rates which the Committee in

large measure has accepted. No specific standards governing the

establishment or adjustment of rates by the Commission, other than

rates for cable transmissions, have been detailed in the

legislation, because the Committee did not wish to limit the

factors that the Commission might consider in a world of constantly

changing economics and technology. However, it is anticipated that

the Commission will consider the following objectives in

determining a reasonable rate under sections 115 and 116:

(1) The rate should maximize the availability of diverse

creative works to the public.

(2) The rate should afford the copyright owner a fair income,

or if the owner is not a person, a fair profit, under existing

economic conditions, in order to encourage creative activity.

(3) The rate should not jeopardize the ability of the copyright

user -

(a) to earn a fair income, or if the user is not a person, a

fair profit, under existing economic conditions, and

(b) to charge the consumer a reasonable price for the

product.

(4) The rate should reflect the relative roles of the copyright

owner and the copyright user in the product made available to the

public with respect to relative creative contribution,

technological contribution, capital investment, cost, risk, and

contribution to the opening of new markets for creative

expression and media for their communication.

(5) The rate should minimize any disruptive impact on the

structure of the industries involved and on generally prevailing

industry practices.

Similar considerations are noted in connection with Commission

review of rates and terms for public broadcasting in the discussion

of section 118, above.

Structure of the Copyright Royalty Commission. The Senate bill

provides that, upon certifying the existence of a controversy

concerning distribution of statutory royalty fees or upon periodic

petition for review of statutory royalty rates by an interested

party, the Register of Copyrights, is to convene a three member

panel to constitute a Copyright Royalty Tribunal for the purpose of

resolving the controversy or reviewing the rates.

The Senate bill provides that the Tribunal be appointed by the

Register from among the membership of the American Arbitration

Association or similar organization. The Tribunal is to exist

within the Library of Congress.

Due to constitutional concern over the provision of the Senate

bill that the Register of Copyrights, an employee of the

Legislative Branch appoint the members of the Tribunal, the

Committee adopted an amendment providing for direct appointment of

three individuals by the President. The name of the Tribunal was

changed to the Copyright Royalty Commission.

Although under the Committee Amendment, the Commission is to be

an independent authority, it is to receive administrative support

from the Library of Congress.

The Commission is authorized to appoint a staff to assist it in

carrying out its responsibilities. However, it is expected that

the staff will consist only of sufficient clerical personnel to

provide one full time secretary for each member and one or two

additional employees to meet the clerical needs of the entire

Commission. Members of the Commission are expected to perform all

professional responsibilities themselves, except where it is

necessary to employ outside experts on a consulting basis.

Assistance in matters of administration, such as payroll and

budgeting, will be available from the Library of Congress.

The Committee expects that the President shall appoint members of

the Commission from among persons who have demonstrated

professional competence in the field of copyright policy.

Adjustment of Cable Television Royalty Rates. Section 801(b)(2)

authorizes the Commission to make determinations concerning the

adjustment of the copyright royalty rates contained in Section 111.

Such determinations are to be made solely in accordance with the

provisions contained in Section 801(b)(2)(A), (B), (C), and (D).

The time periods when such adjustments may be made are set forth in

Section 804.

Under Section 801(b)(2)(A), the Commission may adjust the rates

established in Section 111(d)(2)(B) (section 111(d)(2)(B) of this

title) to reflect (1) national monetary inflation or deflation, or

(2) changes in the average rates charged cable subscribers for the

basic service of providing secondary transmission to maintain the

real constant dollar level of the royalty fee per subscriber which

existed as of the date of enactment of this legislation. The

purpose of this provision is to assure that the value of the

royalty fees paid by cable systems is not eroded by changes in the

value of the dollar or changes in average rates charged cable

subscribers. The Committee recognizes, however, that no royalty

fees will be paid by cable systems until the legislation is

effective on January 1, 1978, and accordingly that the royalty fee

per subscriber base calculated at the time of enactment must

necessarily constitute an estimated value. In the Committee's

view, and based on projections supplied by the interested parties,

the total royalties produced under the fee schedule at the time of

enactment should approximate $8.7 million.

In adjusting the fee the Copyright Royalty Commission is limited

to changes reflecting national monetary inflation or deflation or

changes in the average rates charged cable subscribers for the

basic service of providing secondary transmissions. Concern was

expressed during the hearings on the revision legislation that

cable systems may reduce the basic charge for the retransmission of

broadcast signals as an inducement for individuals to become

subscribers to additional services (e.g., pay-cable). Such a shift

of revenue sources would have the effect of understating basic

subscriber revenues and would deny copyright owners the level of

royalty fees for secondary transmission contemplated by this

legislation. Accordingly, such shifts of revenue sources, if they

do occur, should be taken into account by the Commission in

adjusting the basic rates.

There are also two limitations on the power of the Commission to

adjust rates under Section 801(b)(2)(A). The first provides that no

change in the rates established by Section 111(d)(2)(B) is

permitted if the average rates charged cable system subscribers for

the basic service of providing secondary transmissions exceeds the

change in national monetary inflation. Thus, in the situation

where subscriber rates during a particular adjustment period

increase 20 percent but national monetary inflation increases only

10 percent no change or reduction in the rates is permitted.

The second limitation provides that no increase in the royalty

fee shall be permitted based on any reduction in the average number

of distant signal equivalents per subscriber. The purpose of this

limitation is to make clear that if the average number of distant

signals carried by a cable system is reduced in the future (and

thereby the average number of distant signal equivalents per

subscriber) no increase in the royalty fee to offset this reduction

is permitted. The limitation does not, however, preclude any

change in the rates that may be required to maintain the real

constant dollar level of royalty fees per subscriber because of

national monetary inflation or deflation or changes in the average

rates charged subscribers for the basic service of providing

secondary transmissions.

The Commission may also consider, in its discretion, any other

factor relating to the maintenance of the real constant dollar

level of royalty fees per subscriber and need not increase the

royalty rates to the full extent, provided it can be demonstrated

that the cable industry has been restrained by subscriber rates

regulating authorities from increasing the rates for the basic

service of providing secondary transmission.

Increase in the Number of Distant Signals. Under Section

801(b)(2)(B), the Commission may adjust the rates established in

Section 111(d)(2)(B) if the rules and regulations of the FCC are

amended at any time after April 15, 1976, to permit the carriage of

additional distant signals. In this event the Commission may

ensure that the rates for the additional distant signal equivalents

resulting from such carriage are reasonable in light of the changes

effected by the amendment to the FCC rules and regulations.

The purpose of this provision is to give the Commission broad

discretion to reconsider the royalty rates applicable to (but only

to) the carriage of any additional distant signals permitted under

the rules and regulations of the FCC after April 15, 1976. The

present FCC rules limiting the number of distant signals that may

be carried by cable systems have the effect of protecting copyright

owners by restricting the amount of television broadcast

programming retransmitted into distant markets. If these rules are

changed in the future to allow additional cable carriage of

television programs it is the Committee's judgment that the royalty

rates paid by cable systems should be adjusted to reflect such

changes. At the same time, Section 801(b)(2)(B) makes clear that

the royalty rates may not be adjusted with respect to (1) distant

signals permitted under FCC rules and regulations in effect on

April 15, 1976; (2) distant signals of the same type (i.e.,

independent, network or noncommercial educational) substituted for

such permitted signals; or (3) distant television broadcast signals

first carried after April 15, 1976, pursuant to an individual

waiver of the FCC rules and regulations as such rules and

regulations were in effect on April 15, 1976. Royalty adjustments

with respect to any distant signal equivalent or any fraction

thereof represented by the carriage of such distant signals may be

made pursuant to Section 801(b)(2)(A).

In determining the reasonableness of rates under this provision,

the Commission should consider, among other factors, the economic

impact that such adjustment may have on copyright owners and users,

including broadcast stations, and the effect of such additional

distant signal equivalents, if any, on local broadcasters' ability

to serve the public.

Change in the Syndicated and Sports Program Exclusivity Rules.

Section 801(b)(2)(C) provides that the Commission may adjust the

rates established in Section 111(d)(2)(B) in the event of any

change in the FCC rules and regulations with respect to syndicated

and sports program exclusivity after April 15, 1976. In this event

the rates may be adjusted to assure that such rates are reasonable

in light of the changes to such rules and regulations. Any such

adjustment, however, shall only apply to the affected television

broadcast signals carried on those systems affected by change. For

this purpose, the Commission may exercise its discretion to adopt

royalty schedules for particular classes of cable systems.

The purpose of this subclause is similar to that of Section

801(b)(2)(B). The syndicated and sports program exclusivity rules

of the FCC have the effect of protecting copyright owners by

restricting the cable carriage of certain distant television

programming. If these rules are changed in the future to relax or

increase the exclusivity restrictions, it is the Committee's

judgment that the royalty rates paid by cable systems should be

adjusted to reflect such changes.

Adjustment of the Small System Royalty Fees. Section 801(b)(2)(D)

provides that the small system gross receipts limitations

established in Section 111(d)(2)(C) and (D) may be adjusted to

reflect national monetary inflation or deflation or changes in the

average rates charged cable system subscribers for the basic

service of providing secondary transmissions to maintain the real

constant dollar value of the exemptions provided therein. That is,

the Commission is directed to look at these two factors to insure

that systems of the same size as are now entitled to the exemptions

provided for in sections 111(d)(2)(C) and (D) continued to be so

entitled. For the purposes of section 111(d)(2)(C) references to

the gross receipt limitations of that section mean all of the

dollar amount specified therein.

Distribution of Royalty Fees. Section 801(b)(3) provides that the

Commission is authorized to distribute the royalty fees deposited

with the Register of Copyrights under Sections 111 and 116 and to

determine the distribution of such fees where a controversy exists.

Institution and Conclusion of Proceedings. Section 804

establishes the time periods during which the Commission shall

institute and conclude proceedings for the adjustment or

distribution of royalty fees.

Periodic Adjustment of Certain Rates. Under Section 804(a)

proceedings to adjust the royalty rates specified in Sections 115

(mechanical royalty) and 116 (juke-box) and proceedings under

Section 801(b)(2)(A) and (D) (cable television rates for certain

purposes), are instituted in the following periodic time intervals:

(1) On January 1, 1980, the Chairman of the Commission is

required to publish in the Federal Register notice of the

commencement of proceedings to adjust all the rates referred to

in Section 804(a).

(2) Thereafter, during the calendar years specified below, any

owner or user of a copyrighted work whose royalty rates are

specified in the legislation, or by a rate established by the

Commission, may file a petition with the Commission declaring

that the petitioner requests an adjustment of the rate. If the

Commission determines that the applicant has a significant

interest in the royalty rate for which adjustment is requested,

the Chairman of the Commission shall cause notice to be published

in the Federal Register of this determination together with

notice of the commencement of proceedings to adjust the rate.

(A) In proceedings to adjust the cable television rates for

certain purposes under Sections 801(b)(2) (A) and (D), such

petitions may be filed during 1985 and in each subsequent fifth

calendar year.

(B) In proceedings under Section 801(b)(1) to adjust the

mechanical royalty rate as provided in Section 115, such

petitions may be filed in 1987 and in each subsequent tenth

year.

(C) In proceedings under Section 801(b)(1) to adjust the

jukebox royalty rate as provided in Section 116, such petitions

may be filed in 1990 and in each subsequent tenth calendar

year.

Immediate Review of Cable Television Rates for Certain Purposes.

Section 804(b) provides that following an event described in

Section 801(b)(2)(B) or (C), any owner or user of a copyrighted

work whose royalty rates are specified by Section 111, or by a rate

established by the Commission, may, within 12 months, file a

petition requesting an adjustment of the rates. In this event the

Commission is required to proceed as in Section 804(a)(2). Any

change in the royalty rates made by the Commission pursuant to this

provision may be reconsidered in 1980, 1985, and each fifth

calendar year thereafter in accordance with the provisions in

Section 801(b)(2)(B) or (C).

The purpose of this provision is to reflect the Committee's

concern about any change in the rules and regulations of the FCC

pertaining to cable carriage of distant signals or to syndicated or

sports program exclusivity. The Committee believes that if these

rules and regulations are revised, amended, or changed in any

manner by the FCC, any owner or user of a copyrighted work should

have an immediate right, exercisable for a 12 month period

following the date such changes are finally effective, to request

an adjustment of the royalty rates specified in Section 111.

Further, it is the Committee's intent that any change made by the

Commission pursuant to such a petition may be reviewed again in

1980, 1985, and each subsequent fifth calendar year, as the case

may be, and under the standards established in Sections

801(b)(2)(B) and (C). It is also the Committee's intent that the

ability to petition the Commission to adjust the rates pursuant to

this subsection is not limited, following the first adjustment, to

the subsequent five year periods specified, but may arise at any

time as FCC rule changes described above take place.

Institution of Proceedings to Adjust Public Broadcasting Royalty

Rates. Section 804(c) provides that the institution of proceedings

under Section 801(b)(1) concerning the determination of reasonable

terms and rates of royalty payments as provided in Section 118

shall proceed when and as provided in that section.

Institution of Proceedings To Distribute Royalty Fees. Section

804(d) provides that with respect to proceedings under Section

801(b)(3) concerning the distribution of royalty fees in certain

circumstances under Section 111 or 116 the Chairman of the

Commission shall, upon determination by the Commission that a

controversy exists concerning such distribution, publish a notice

of commencement of proceedings to distribute the royalty fees in

the Federal Register.

Prompt Resolution of Proceedings. Section 804(e) provides that

all proceedings instituted by the Commission shall be initiated

without delay following publication of the notices specified in

this section and that the Commission is required to render a final

decision in any such proceeding within one year from the date of

publication of the notice.

Judicial Review. The Senate bill provides that, following a final

determination in any proceeding with respect to royalty rates, the

Copyright Royalty Tribunal is to transmit its decision to the

Senate and House of Representatives for review. Within 90 days of

such transmittal either House of Congress may nullify the

determination of the Tribunal by adoption of a resolution

expressing disapproval of such determination. Judicial review of

determinations of the Royalty Tribunal under the Senate bill is

permitted only where: (1) The determination was procured by

corruption, fraud, or undue means; (2) there was evident partiality

or corruption in any of the members of the Tribunal; or (3) any

member of the Tribunal was guilty of any misconduct by which the

rights of any party were prejudiced.

The Committee concluded that determinations of the Copyright

Royalty Commission were not appropriate subjects for regular review

by Congress and that the provisions of the Senate bill providing

for judicial review were far too restrictive. Therefore, it

amended the Senate bill to eliminate automatic Congressional review

and to broaden the scope of judicial review. The amended bill

provides for the full scope of judicial review provided by Chapter

7 of the Administrative Procedure Act (5 U.S.C. 701 et seq.).

Congressional review of the activities of the Copyright Royalty

Commission will occur as part of the oversight functions of the

Judiciary Committees of the House of Representatives and the

Senate. The oversight process will provide the Congress sufficient

information to determine whether statutory changes are needed at

some time in the future.

The expanded judicial review provided in the Committee amendment

will permit much more detailed, thoughtful, and careful review of

possibly arbitrary or capricious determinations of the Commission

than can be provided by Congressional review.

AMENDMENTS

1997 - Pub. L. 105-80, Sec. 12(a)(18), Nov. 13, 1997, 111 Stat.

1535, substituted ''Establishment'' for ''establishment'' in item

801.

1993 - Pub. L. 103-198, Sec. 2(f), Dec. 17, 1993, 107 Stat. 2308,

amended table of sections generally, substituting chapter heading

and items 801 to 803 for chapter heading ''COPYRIGHT ROYALTY

TRIBUNAL'', item 801 ''Copyright Royalty Tribunal: Establishment

and purpose'', item 802 ''Membership of the Tribunal'', item 804

''Institution and conclusion of proceedings'', item 805 ''Staff of

the Tribunal'', item 806 ''Administrative support of the

Tribunal'', item 807 ''Deduction of costs of proceedings'', item

808 ''Reports'', item 809 ''Effective date of final

determinations'', and item 810 ''Judicial review''.

Pub. L. 103-198, Sec. 2(c), Dec. 17, 1993, 107 Stat. 2307, struck

out item 803 ''Procedures of the Tribunal.''

EFFECTIVE DATE

Chapter effective Oct. 19, 1976, see section 102 of Pub. L.

94-533, set out as a note preceding section 101 of this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 111, 112, 114, 115, 116,

118, 119, 912 of this title.

-CITE-

17 USC Sec. 801 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS

-HEAD-

Sec. 801. Copyright arbitration royalty panels: Establishment and

purpose

-STATUTE-

(a) Establishment. - The Librarian of Congress, upon the

recommendation of the Register of Copyrights, is authorized to

appoint and convene copyright arbitration royalty panels.

(b) Purposes. - Subject to the provisions of this chapter, the

purposes of the copyright arbitration royalty panels shall be as

follows:

(1) To make determinations concerning the adjustment of

reasonable copyright royalty rates as provided in sections 114,

115, 116, and 119, and to make determinations as to reasonable

terms and rates of royalty payments as provided in section 118.

The rates applicable under sections 114(f)(1)(B), 115, and 116

shall be calculated to achieve the following objectives:

(A) To maximize the availability of creative works to the

public;

(B) To afford the copyright owner a fair return for his

creative work and the copyright user a fair income under

existing economic conditions;

(C) To reflect the relative roles of the copyright owner and

the copyright user in the product made available to the public

with respect to relative creative contribution, technological

contribution, capital investment, cost, risk, and contribution

to the opening of new markets for creative expression and media

for their communication;

(D) To minimize any disruptive impact on the structure of the

industries involved and on generally prevailing industry

practices.

(2) To make determinations concerning the adjustment of the

copyright royalty rates in section 111 solely in accordance with

the following provisions:

(A) The rates established by section 111(d)(1)(B) may be

adjusted to reflect (i) national monetary inflation or

deflation or (ii) changes in the average rates charged cable

subscribers for the basic service of providing secondary

transmissions to maintain the real constant dollar level of the

royalty fee per subscriber which existed as of the date of

enactment of this Act: Provided, That if the average rates

charged cable system subscribers for the basic service of

providing secondary transmissions are changed so that the

average rates exceed national monetary inflation, no change in

the rates established by section 111(d)(1)(B) shall be

permitted: And provided further, That no increase in the

royalty fee shall be permitted based on any reduction in the

average number of distant signal equivalents per subscriber.

The copyright arbitration royalty panels may consider all

factors relating to the maintenance of such level of payments

including, as an extenuating factor, whether the cable industry

has been restrained by subscriber rate regulating authorities

from increasing the rates for the basic service of providing

secondary transmissions.

(B) In the event that the rules and regulations of the

Federal Communications Commission are amended at any time after

April 15, 1976, to permit the carriage by cable systems of

additional television broadcast signals beyond the local

service area of the primary transmitters of such signals, the

royalty rates established by section 111(d)(1)(B) may be

adjusted to insure that the rates for the additional distant

signal equivalents resulting from such carriage are reasonable

in the light of the changes effected by the amendment to such

rules and regulations. In determining the reasonableness of

rates proposed following an amendment of Federal Communications

Commission rules and regulations, the copyright arbitration

royalty panels shall consider, among other factors, the

economic impact on copyright owners and users: Provided, That

no adjustment in royalty rates shall be made under this

subclause with respect to any distant signal equivalent or

fraction thereof represented by (i) carriage of any signal

permitted under the rules and regulations of the Federal

Communications Commission in effect on April 15, 1976, or the

carriage of a signal of the same type (that is, independent,

network, or noncommercial educational) substituted for such

permitted signal, or (ii) a television broadcast signal first

carried after April 15, 1976, pursuant to an individual waiver

of the rules and regulations of the Federal Communications

Commission, as such rules and regulations were in effect on

April 15, 1976.

(C) In the event of any change in the rules and regulations

of the Federal Communications Commission with respect to

syndicated and sports program exclusivity after April 15, 1976,

the rates established by section 111(d)(1)(B) may be adjusted

to assure that such rates are reasonable in light of the

changes to such rules and regulations, but any such adjustment

shall apply only to the affected television broadcast signals

carried on those systems affected by the change.

(D) The gross receipts limitations established by section

111(d)(1)(C) and (D) shall be adjusted to reflect national

monetary inflation or deflation or changes in the average rates

charged cable system subscribers for the basic service of

providing secondary transmissions to maintain the real constant

dollar value of the exemption provided by such section; and the

royalty rate specified therein shall not be subject to

adjustment.

(3) To distribute royalty fees deposited with the Register of

Copyrights under sections 111, 116, 119(b), and 1003, and to

determine, in cases where controversy exists, the distribution of

such fees.

(c) Rulings. - The Librarian of Congress, upon the recommendation

of the Register of Copyrights, may, before a copyright arbitration

royalty panel is convened, make any necessary procedural or

evidentiary rulings that would apply to the proceedings conducted

by such panel, including -

(1) authorizing the distribution of those royalty fees

collected under sections 111, 119, and 1005 that the Librarian

has found are not subject to controversy; and

(2) accepting or rejecting royalty claims filed under sections

111, 119, and 1007 on the basis of timeliness or the failure to

establish the basis for a claim.

(d) Support and Reimbursement of Arbitration Panels. - The

Librarian of Congress, upon the recommendation of the Register of

Copyrights, shall provide the copyright arbitration royalty panels

with the necessary administrative services related to proceedings

under this chapter, and shall reimburse the arbitrators presiding

in distribution proceedings at such intervals and in such manner as

the Librarian shall provide by regulation. Each such arbitrator is

an independent contractor acting on behalf of the United States,

and shall be hired pursuant to a signed agreement between the

Library of Congress and the arbitrator. Payments to the

arbitrators shall be considered reasonable costs incurred by the

Library of Congress and the Copyright Office for purposes of

section 802(h)(1).

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2594;

Pub. L. 99-397, Sec. 2(c), (d), Aug. 27, 1986, 100 Stat. 848; Pub.

L. 100-568, Sec. 11(1), Oct. 31, 1988, 102 Stat. 2860; Pub. L.

100-667, title II, Sec. 202(4), Nov. 16, 1988, 102 Stat. 3958; Pub.

L. 101-318, Sec. 3(b), July 3, 1990, 104 Stat. 288; Pub. L.

102-563, Sec. 3(a)(1), Oct. 28, 1992, 106 Stat. 4247; Pub. L.

103-198, Sec. 2(a), Dec. 17, 1993, 107 Stat. 2304; Pub. L. 104-39,

Sec. 5(d)(1), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105-80, Sec.

8(a), 12(a)(19), Nov. 13, 1997, 111 Stat. 1533, 1535; Pub. L.

105-304, title IV, Sec. 405(e)(1), Oct. 28, 1998, 112 Stat. 2902.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec.

(b)(2)(A), is Oct. 19, 1976.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-304 substituted ''sections

114(f)(1)(B), 115, and 116'' for ''sections 114, 115, and 116'' in

second sentence.

1997 - Subsec. (b). Pub. L. 105-80, Sec. 12(a)(19)(A),

substituted ''shall be as follows:'' for ''shall be - '' in

introductory provisions.

Subsec. (b)(1). Pub. L. 105-80, Sec. 8(a)(1), 12(a)(19)(B), in

first sentence, substituted ''To make'' for ''to make'' and ''116,

and 119'' for ''and 116''.

Subsec. (b)(2). Pub. L. 105-80, Sec. 12(a)(19)(C)(i), substituted

''To make'' for ''to make'' in introductory provisions.

Subsec. (b)(2)(D). Pub. L. 105-80, Sec. 12(a)(19)(C)(ii),

substituted ''adjustment.'' for ''adjustment; and'' at end.

Subsec. (b)(3). Pub. L. 105-80, Sec. 12(a)(19)(D), substituted

''To distribute'' for ''to distribute''.

Subsec. (c). Pub. L. 105-80, Sec. 8(a)(2), substituted ''panel,

including - '' for ''panel'' and added pars. (1) and (2).

Subsec. (d). Pub. L. 105-80, Sec. 8(a)(3), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''(d) Administrative Support of Copyright Arbitration Royalty

Panels. - The Library of Congress, upon the recommendation of the

Register of Copyrights, shall provide the copyright arbitration

royalty panels with the necessary administrative services related

to proceedings under this chapter.''

1995 - Subsec. (b)(1). Pub. L. 104-39 substituted ''sections 114,

115, and 116'' for ''sections 115 and 116'' in two places in

introductory provisions.

1993 - Pub. L. 103-198, Sec. 2(a)(1), amended section catchline

generally. Prior to amendment, catchline read as follows:

''Copyright Royalty Tribunal: Establishment and purpose''.

Subsec. (a). Pub. L. 103-198, Sec. 2(a)(2), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''There is hereby created an independent Copyright Royalty Tribunal

in the legislative branch.''

Subsec. (b). Pub. L. 103-198, Sec. 2(a)(3)(A), (B), inserted

heading and substituted ''copyright arbitration royalty panels''

for ''Tribunal'' in introductory provisions.

Subsec. (b)(2)(A), (B). Pub. L. 103-198, Sec. 2(a)(3)(C)(i),

(ii), substituted ''copyright arbitration royalty panels'' for

''Commission'' in subpar. (A) and for ''Copyright Royalty

Tribunal'' in subpar. (B).

Subsec. (b)(2)(D). Pub. L. 103-198, Sec. 2(a)(3)(C)(iii),

inserted ''and'' after semicolon.

Subsec. (b)(3). Pub. L. 103-198, Sec. 2(a)(3)(D), substituted

''119(b), and 1003,'' for ''and 119(b),'' and struck out at end

''In determining whether a return to a copyright owner under

section 116 is fair, appropriate weight shall be given to -

''(i) the rates previously determined by the Tribunal to

provide a fair return to the copyright owner, and

''(ii) the rates contained in any license negotiated pursuant

to section 116A of this title; and''.

Subsec. (b)(4). Pub. L. 103-198, Sec. 2(a)(3)(E), struck out par.

(4) which read as follows: ''to distribute royalty payments

deposited with the Register of Copyrights under section 1003, to

determine the distribution of such payments, and to carry out its

other responsibilities under chapter 10''.

Subsec. (c). Pub. L. 103-198, Sec. 2(a)(4), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''As

soon as possible after the date of enactment of this Act, and no

later than six months following such date, the President shall

publish a notice announcing the initial appointments provided in

section 802, and shall designate an order of seniority among the

initially-appointed commissioners for purposes of section 802(b).''

Subsec. (d). Pub. L. 103-198, Sec. 2(a)(5), added subsec. (d).

1992 - Subsec. (b)(4). Pub. L. 102-563 added par. (4).

1990 - Subsec. (b)(2)(D). Pub. L. 101-318 substituted

''111(d)(1)(C) and (D)'' for ''111(d)(2)(C) and (D)''.

1988 - Subsec. (b). Pub. L. 100-568 inserted concluding

provisions relating to determination of fairness of a return to a

copyright owner under section 116.

Subsec. (b)(3). Pub. L. 100-667 substituted '', 116, and 119(b)''

for ''and 116''.

1986 - Subsec. (b)(2)(A) to (C). Pub. L. 99-397, Sec. 2(c),

substituted ''section 111(d)(1)(B)'' for ''section 111(d)(2)(B)''.

Subsec. (d)(2)(D). Pub. L. 99-397, Sec. 2(d), which directed the

amendment of subsec. (d)(2)(D) by substituting ''section

111(d)(1)(C) and (D)'' for ''section 111(d)(2)(C) and (D)'', could

not be executed because section did not contain a subsec. (d). See

1990 Amendment note above.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-39 effective 3 months after Nov. 1,

1995, see section 6 of Pub. L. 104-39, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 7 of Pub. L. 103-198 provided that:

''(a) In General. - This Act (see Short Title of 1993 Amendment

note set out under section 101 of this title) and the amendments

made by this Act shall take effect on the date of the enactment of

this Act (Dec. 17, 1993).

''(b) Effectiveness of Existing Rates and Distributions. - All

royalty rates and all determinations with respect to the

proportionate division of compulsory license fees among copyright

claimants, whether made by the Copyright Royalty Tribunal, or by

voluntary agreement, before the effective date set forth in

subsection (a) shall remain in effect until modified by voluntary

agreement or pursuant to the amendments made by this Act.

''(c) Transfer of Appropriations. - All unexpended balances of

appropriations made to the Copyright Royalty Tribunal, as of the

effective date of this Act, are transferred on such effective date

to the Copyright Office for use by the Copyright Office for the

purposes for which such appropriations were made.''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-318 effective Aug. 27, 1986, see section

3(e)(1) of Pub. L. 101-318, set out as a note under section 111 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section

206 of Pub. L. 100-667, set out as an Effective Date note under

section 119 of this title.

Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any

cause of action arising under this title before such date being

governed by provisions in effect when cause of action arose, see

section 13 of Pub. L. 100-568, set out as a note under section 101

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104A, 114, 115, 802, 803

of this title; title 47 section 545.

-CITE-

17 USC Sec. 802 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS

-HEAD-

Sec. 802. Membership and proceedings of copyright arbitration

royalty panels

-STATUTE-

(a) Composition of Copyright Arbitration Royalty Panels. - A

copyright arbitration royalty panel shall consist of 3 arbitrators

selected by the Librarian of Congress pursuant to subsection (b).

(b) Selection of Arbitration Panel. - Not later than 10 days

after publication of a notice in the Federal Register initiating an

arbitration proceeding under section 803, and in accordance with

procedures specified by the Register of Copyrights, the Librarian

of Congress shall, upon the recommendation of the Register of

Copyrights, select 2 arbitrators from lists provided by

professional arbitration associations. Qualifications of the

arbitrators shall include experience in conducting arbitration

proceedings and facilitating the resolution and settlement of

disputes, and any qualifications which the Librarian of Congress,

upon the recommendation of the Register of Copyrights, shall adopt

by regulation. The 2 arbitrators so selected shall, within 10 days

after their selection, choose a third arbitrator from the same

lists, who shall serve as the chairperson of the arbitrators. If

such 2 arbitrators fail to agree upon the selection of a third

arbitrator, the Librarian of Congress shall promptly select the

third arbitrator. The Librarian of Congress, upon the

recommendation of the Register of Copyrights, shall adopt

regulations regarding standards of conduct which shall govern

arbitrators and the proceedings under this chapter.

(c) Arbitration Proceedings. - Copyright arbitration royalty

panels shall conduct arbitration proceedings, subject to subchapter

II of chapter 5 of title 5, for the purpose of making their

determinations in carrying out the purposes set forth in section

801. The arbitration panels shall act on the basis of a fully

documented written record, prior decisions of the Copyright Royalty

Tribunal, prior copyright arbitration panel determinations, and

rulings by the Librarian of Congress under section 801(c). Any

copyright owner who claims to be entitled to royalties under

section 111, 112, 114, 116, or 119, any transmitting organization

entitled to a statutory license under section 112(g), any person

entitled to a statutory license under section 114(d), any person

entitled to a compulsory license under section 115, or any

interested copyright party who claims to be entitled to royalties

under section 1006, may submit relevant information and proposals

to the arbitration panels in proceedings applicable to such

copyright owner or interested copyright party, and any other person

participating in arbitration proceedings may submit such relevant

information and proposals to the arbitration panel conducting the

proceedings. In ratemaking proceedings, the parties to the

proceedings shall bear the entire cost thereof in such manner and

proportion as the arbitration panels shall direct. In distribution

proceedings, the parties shall bear the cost in direct proportion

to their share of the distribution.

(d) Procedures. - Effective on the date of the enactment of the

Copyright Royalty Tribunal Reform Act of 1993, the Librarian of

Congress shall adopt the rules and regulations set forth in chapter

3 of title 37 of the Code of Federal Regulations to govern

proceedings under this chapter. Such rules and regulations shall

remain in effect unless and until the Librarian, upon the

recommendation of the Register of Copyrights, adopts supplemental

or superseding regulations under subchapter II of chapter 5 of

title 5.

(e) Report to the Librarian of Congress. - Not later than 180

days after publication of the notice in the Federal Register

initiating an arbitration proceeding, the copyright arbitration

royalty panel conducting the proceeding shall report to the

Librarian of Congress its determination concerning the royalty fee

or distribution of royalty fees, as the case may be. Such report

shall be accompanied by the written record, and shall set forth the

facts that the arbitration panel found relevant to its

determination.

(f) Action by Librarian of Congress. - Within 90 days after

receiving the report of a copyright arbitration royalty panel under

subsection (e), the Librarian of Congress, upon the recommendation

of the Register of Copyrights, shall adopt or reject the

determination of the arbitration panel. The Librarian shall adopt

the determination of the arbitration panel unless the Librarian

finds that the determination is arbitrary or contrary to the

applicable provisions of this title. If the Librarian rejects the

determination of the arbitration panel, the Librarian shall, before

the end of an additional 30-day period, and after full examination

of the record created in the arbitration proceeding, issue an order

setting the royalty fee or distribution of fees, as the case may

be. The Librarian shall cause to be published in the Federal

Register the determination of the arbitration panel, and the

decision of the Librarian (including an order issued under the

preceding sentence). The Librarian shall also publicize such

determination and decision in such other manner as the Librarian

considers appropriate. The Librarian shall also make the report of

the arbitration panel and the accompanying record available for

public inspection and copying.

(g) Judicial Review. - Any decision of the Librarian of Congress

under subsection (f) with respect to a determination of an

arbitration panel may be appealed, by any aggrieved party who would

be bound by the determination, to the United States Court of

Appeals for the District of Columbia Circuit, within 30 days after

the publication of the decision in the Federal Register. If no

appeal is brought within such 30-day period, the decision of the

Librarian is final, and the royalty fee or determination with

respect to the distribution of fees, as the case may be, shall take

effect as set forth in the decision. When this title provides that

the royalty rates or terms that were previously in effect are to

expire on a specified date, any adjustment by the Librarian of

those rates or terms shall be effective as of the day following the

date of expiration of the rates or terms that were previously in

effect, even if the Librarian's decision is rendered on a later

date. The pendency of an appeal under this paragraph shall not

relieve persons obligated to make royalty payments under sections

111, 112, 114, 115, 116, 118, 119, or 1003 who would be affected by

the determination on appeal to deposit the statement of account and

royalty fees specified in those sections. The court shall have

jurisdiction to modify or vacate a decision of the Librarian only

if it finds, on the basis of the record before the Librarian, that

the Librarian acted in an arbitrary manner. If the court modifies

the decision of the Librarian, the court shall have jurisdiction to

enter its own determination with respect to the amount or

distribution of royalty fees and costs, to order the repayment of

any excess fees, and to order the payment of any underpaid fees,

and the interest pertaining respectively thereto, in accordance

with its final judgment. The court may further vacate the decision

of the arbitration panel and remand the case to the Librarian for

arbitration proceedings in accordance with subsection (c).

(h) Administrative Matters. -

(1) Deduction of costs of library of congress and copyright

office from royalty fees. - The Librarian of Congress and the

Register of Copyrights may, to the extent not otherwise provided

under this title, deduct from royalty fees deposited or collected

under this title the reasonable costs incurred by the Library of

Congress and the Copyright Office under this chapter. Such

deduction may be made before the fees are distributed to any

copyright claimants. In addition, all funds made available by an

appropriations Act as offsetting collections and available for

deductions under this subsection shall remain available until

expended. In ratemaking proceedings, the reasonable costs of the

Librarian of Congress and the Copyright Office shall be borne by

the parties to the proceedings as directed by the arbitration

panels under subsection (c).

(2) Positions required for administration of compulsory

licensing. - Section 307 of the Legislative Branch Appropriations

Act, 1994, shall not apply to employee positions in the Library

of Congress that are required to be filled in order to carry out

section 111, 112, 114, 115, 116, 118, or 119 or chapter 10.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2596;

Pub. L. 101-319, Sec. 2(a), July 3, 1990, 104 Stat. 290; Pub. L.

103-198, Sec. 2(b), Dec. 17, 1993, 107 Stat. 2305; Pub. L. 104-39,

Sec. 5(d)(2)-(4), Nov. 1, 1995, 109 Stat. 349; Pub. L. 105-80, Sec.

8(b), Nov. 13, 1997, 111 Stat. 1533; Pub. L. 105-304, title IV,

Sec. 405(d), (e)(2)-(4), Oct. 28, 1998, 112 Stat. 2902; Pub. L.

107-273, div. C, title III, Sec. 13301(c)(2), Nov. 2, 2002, 116

Stat. 1912.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Copyright Royalty Tribunal

Reform Act of 1993, referred to in subsec. (d), is the date of

enactment of Pub. L. 103-198, which was approved Dec. 17, 1993.

Section 307 of the Legislative Branch Appropriations Act, 1994,

referred to in subsec. (h)(2), is section 307 of Pub. L. 103-69

which is set out as a note under section 60-1 of Title 2, The

Congress.

-MISC2-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 substituted ''section

112(g)'' for ''section 112(f)''.

1998 - Subsec. (c). Pub. L. 105-304, Sec. 405(e)(2), substituted

''section 111, 112, 114, 116, or 119, any transmitting organization

entitled to a statutory license under section 112(f), any person

entitled to a statutory license'' for ''section 111, 114, 116, or

119, any person entitled to a compulsory license''.

Subsec. (f). Pub. L. 105-304, Sec. 405(d)(1), substituted ''90''

for ''60'' in first sentence and ''an additional 30-day period''

for ''that 60-day period'' in third sentence.

Subsec. (g). Pub. L. 105-304, Sec. 405(d)(2), (e)(3), inserted

after second sentence ''When this title provides that the royalty

rates or terms that were previously in effect are to expire on a

specified date, any adjustment by the Librarian of those rates or

terms shall be effective as of the day following the date of

expiration of the rates or terms that were previously in effect,

even if the Librarian's decision is rendered on a later date.'' and

substituted ''sections 111, 112, 114'' for ''sections 111, 114''.

Subsec. (h)(2). Pub. L. 105-304, Sec. 405(e)(4), substituted

''section 111, 112, 114'' for ''section 111, 114''.

1997 - Subsec. (h)(1). Pub. L. 105-80 amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''(1) Deduction of costs from royalty fees. - The Librarian of

Congress and the Register of Copyrights may, to the extent not

otherwise provided under this title, deduct from royalty fees

deposited or collected under this title the reasonable costs

incurred by the Library of Congress and the Copyright Office under

this chapter. Such deduction may be made before the fees are

distributed to any copyright claimants. If no royalty pool exists

from which their costs can be deducted, the Librarian of Congress

and the Copyright Office may assess their reasonable costs directly

to the parties to the most recent relevant arbitration

proceeding.''

1995 - Subsec. (c). Pub. L. 104-39, Sec. 5(d)(2), substituted

''section 111, 114, 116, or 119, any person entitled to a

compulsory license under section 114(d), any person entitled to a

compulsory license under section 115,'' for ''section 111, 116, or

119,'' in third sentence.

Subsec. (g). Pub. L. 104-39, Sec. 5(d)(3), inserted ''114,''

after ''111,'' in third sentence.

Subsec. (h)(2). Pub. L. 104-39, Sec. 5(d)(4), inserted ''114,''

after ''111,''.

1993 - Pub. L. 103-198 amended section generally, substituting

present provisions for provisions relating to the membership of the

Copyright Royalty Tribunal, chairman of the Tribunal, and filling

of vacancies in the Tribunal.

1990 - Subsec. (a). Pub. L. 101-319 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''The

Tribunal shall be composed of five commissioners appointed by the

President with the advice and consent of the Senate for a term of

seven years each; of the first five members appointed, three shall

be designated to serve for seven years from the date of the notice

specified in section 801(c), and two shall be designated to serve

for five years from such date, respectively. Commissioners shall

be compensated at the highest rate now or hereafter prescribe for

grade 18 of the General Schedule pay rates (5 U.S.C. 5332).''

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-39 effective 3 months after Nov. 1,

1995, see section 6 of Pub. L. 104-39, set out as a note under

section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 112, 114, 119, 801, 803

of this title.

-CITE-

17 USC Sec. 803 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS

-HEAD-

Sec. 803. Institution and conclusion of proceedings

-STATUTE-

(a)(1) With respect to proceedings under section 801(b)(1)

concerning the adjustment of royalty rates as provided in sections

112, 114, 115 and 116, and with respect to proceedings under

subparagraphs (A) and (D) of section 801(b)(2), during the calendar

years specified in the schedule set forth in paragraphs (2), (3),

(4) and (5), any owner or user of a copyrighted work whose royalty

rates are specified by this title, established by the Copyright

Royalty Tribunal before the date of the enactment of the Copyright

Royalty Tribunal Reform Act of 1993, or established by a copyright

arbitration royalty panel after such date of enactment, may file a

petition with the Librarian of Congress declaring that the

petitioner requests an adjustment of the rate. The Librarian of

Congress shall, upon the recommendation of the Register of

Copyrights, make a determination as to whether the petitioner has

such a significant interest in the royalty rate in which an

adjustment is requested. If the Librarian determines that the

petitioner has such a significant interest, the Librarian shall

cause notice of this determination, with the reasons therefor, to

be published in the Federal Register, together with the notice of

commencement of proceedings under this chapter.

(2) In proceedings under section 801(b)(2)(A) and (D), a petition

described in paragraph (1) may be filed during 1995 and in each

subsequent fifth calendar year.

(3) In proceedings under section 801(b)(1) concerning the

adjustment of royalty rates as provided in section 115, a petition

described in paragraph (1) may be filed in 1997 and in each

subsequent tenth calendar year or as prescribed in section

115(c)(3)(D).

(4)(A) In proceedings under section 801(b)(1) concerning the

adjustment of royalty rates as provided in section 116, a petition

described in paragraph (1) may be filed at any time within 1 year

after negotiated licenses authorized by section 116 are terminated

or expire and are not replaced by subsequent agreements.

(B) If a negotiated license authorized by section 116 is

terminated or expires and is not replaced by another such license

agreement which provides permission to use a quantity of musical

works not substantially smaller than the quantity of such works

performed on coin-operated phonorecord players during the 1-year

period ending March 1, 1989, the Librarian of Congress shall, upon

petition filed under paragraph (1) within 1 year after such

termination or expiration, convene a copyright arbitration royalty

panel. The arbitration panel shall promptly establish an interim

royalty rate or rates for the public performance by means of a

coin-operated phonorecord player of non-dramatic musical works

embodied in phonorecords which had been subject to the terminated

or expired negotiated license agreement. Such rate or rates shall

be the same as the last such rate or rates and shall remain in

force until the conclusion of proceedings by the arbitration panel,

in accordance with section 802, to adjust the royalty rates

applicable to such works, or until superseded by a new negotiated

license agreement, as provided in section 116(b).

(5) With respect to proceedings under section 801(b)(1)

concerning the determination of reasonable terms and rates of

royalty payments as provided in section 112 or 114, the Librarian

of Congress shall proceed when and as provided by those sections.

(b) With respect to proceedings under subparagraph (B) or (C) of

section 801(b)(2), following an event described in either of those

subsections, any owner or user of a copyrighted work whose royalty

rates are specified by section 111, or by a rate established by the

Copyright Royalty Tribunal or the Librarian of Congress, may,

within twelve months, file a petition with the Librarian declaring

that the petitioner requests an adjustment of the rate. In this

event the Librarian shall proceed as in subsection (a) of this

section. Any change in royalty rates made by the Copyright Royalty

Tribunal or the Librarian of Congress pursuant to this subsection

may be reconsidered in 1980, 1985, and each fifth calendar year

thereafter, in accordance with the provisions in section

801(b)(2)(B) or (C), as the case may be.

(c) With respect to proceedings under section 801(b)(1),

concerning the determination of reasonable terms and rates of

royalty payments as provided in section 118, the Librarian of

Congress shall proceed when and as provided by that section.

(d) With respect to proceedings under section 801(b)(3) or (4),

concerning the distribution of royalty fees in certain

circumstances under section 111, 116, 119, or 1007, the Librarian

of Congress shall, upon a determination that a controversy exists

concerning such distribution, cause to be published in the Federal

Register notice of commencement of proceedings under this chapter.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2597,

Sec. 804; Pub. L. 100-568, Sec. 11(2), Oct. 31, 1988, 102 Stat.

2860; Pub. L. 100-667, title II, Sec. 202(5), Nov. 16, 1988, 102

Stat. 3958; Pub. L. 101-318, Sec. 3(c), July 3, 1990, 104 Stat.

288; Pub. L. 102-563, Sec. 3(a)(2), Oct. 28, 1992, 106 Stat. 4248;

renumbered Sec. 803 and amended Pub. L. 103-198, Sec. 2(d), Dec.

17, 1993, 107 Stat. 2307; Pub. L. 104-39, Sec. 5(d)(5)-(7), Nov. 1,

1995, 109 Stat. 349; Pub. L. 105-80, Sec. 12(a)(20), Nov. 13, 1997,

111 Stat. 1535; Pub. L. 105-304, title IV, Sec. 405(e)(5), (6),

Oct. 28, 1998, 112 Stat. 2902.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Copyright Royalty Tribunal

Reform Act of 1993, referred to in subsec. (a)(1), is the date of

enactment of Pub. L. 103-198, which was approved Dec. 17, 1993.

-MISC2-

PRIOR PROVISIONS

A prior section 803, Pub. L. 94-553, title I, Sec. 101, Oct. 19,

1976, 90 Stat. 2596, related to procedures of the Copyright Royalty

Tribunal, prior to repeal by Pub. L. 103-198, Sec. 2(c), Dec. 17,

1993, 107 Stat. 2307.

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-304, Sec. 405(e)(5),

substituted ''sections 112, 114, 115'' for ''sections 114, 115''.

Subsec. (a)(5). Pub. L. 105-304, Sec. 405(e)(6), substituted

''section 112 or 114'' for ''section 114'' and ''those sections''

for ''that section''.

1997 - Subsec. (b). Pub. L. 105-80 substituted ''subsection (a)''

for ''subsection subsection (a)''.

1995 - Subsec. (a)(1). Pub. L. 104-39, Sec. 5(d)(5), in first

sentence substituted ''sections 114, 115 and 116'' for ''sections

115 and 116'' and ''paragraphs (2), (3), (4) and (5)'' for

''paragraphs (2), (3), and (4)''.

Subsec. (a)(3). Pub. L. 104-39, Sec. 5(d)(6), inserted before

period at end ''or as prescribed in section 115(c)(3)(D)''.

Subsec. (a)(5). Pub. L. 104-39, Sec. 5(d)(7), added par. (5).

1993 - Pub. L. 103-198, Sec. 2(d)(1), renumbered section 804 of

this title as this section.

Subsec. (a). Pub. L. 103-198, Sec. 2(d)(2), amended subsec. (a)

generally, substituting present provisions for provisions relating

to commencement of proceedings concerning the adjustment of rates

established by the Copyright Royalty Tribunal, filing of petitions

by interested persons seeking adjustments of rates, and publication

of notice of such proceedings in the Federal Register.

Subsec. (b). Pub. L. 103-198, Sec. 2(d)(3), substituted

''subparagraph (B)'' for ''subclause (B)'', ''established by the

Copyright Royalty Tribunal or the Librarian of Congress'' for

''established by the Tribunal'', ''petition with the Librarian''

for ''petition with the Tribunal'', ''Librarian shall proceed'' for

''Tribunal shall proceed'', ''subsection (a) of this section'' for

''(a)(2), above'', and ''rates made by the Copyright Royalty

Tribunal or the Librarian of Congress'' for ''rates made by the

Tribunal''.

Subsec. (c). Pub. L. 103-198, Sec. 2(d)(4), substituted

''Librarian of Congress'' for ''Tribunal''.

Subsec. (d). Pub. L. 103-198, Sec. 2(d)(5), substituted

''Librarian of Congress'' for ''Chairman of the Tribunal'' and ''a

determination'' for ''determination by the Tribunal''.

Subsec. (e). Pub. L. 103-198, Sec. 2(d)(6), struck out subsec.

(e) which read as follows: ''All proceedings under this chapter

shall be initiated without delay following publication of the

notice specified in this section, and the Tribunal shall render its

final decision in any such proceeding within one year from the date

of such publication.''

1992 - Subsec. (d). Pub. L. 102-563 inserted ''or (4)'' after

''803(b)(3)'' and substituted ''119, or 1007'' for ''or 119''.

1990 - Subsec. (a)(2)(C)(i). Pub. L. 101-318 substituted

''section 116'' for ''section 115''.

1988 - Subsec. (a)(2)(C). Pub. L. 100-568 amended subpar. (C)

generally. Prior to amendment, subpar. (C) read as follows: ''In

proceedings under section 801(b)(1) concerning the adjustment of

royalty rates under section 116, such petition may be filed in 1990

and in each subsequent tenth calendar year.''

Subsec. (d). Pub. L. 100-667 substituted ''section 111, 116, or

119'' for ''sections 111 or 116''.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-39 effective 3 months after Nov. 1,

1995, see section 6 of Pub. L. 104-39, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 3(e)(2) of Pub. L. 101-318 provided that: ''The amendment

made by subsection (c) (amending this section) shall be effective

as of October 31, 1988.''

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section

206 of Pub. L. 100-667, set out as an Effective Date note under

section 119 of this title.

Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any

cause of action arising under this title before such date being

governed by provisions in effect when cause of action arose, see

section 13 of Pub. L. 100-568, set out as a note under section 101

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 112, 114, 115, 802 of

this title.

-CITE-

17 USC Sec. 804 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS

-HEAD-

(Sec. 804. Renumbered Sec. 803)

-CITE-

17 USC Sec. 805 to 810 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS

-HEAD-

(Sec. 805 to 810. Repealed. Pub. L. 103-198, Sec. 2(e), Dec. 17,

1993, 107 Stat. 2308)

-MISC1-

Section 805, Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90

Stat. 2598, related to staff of Copyright Royalty Tribunal.

Section 806, Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90

Stat. 2598, related to administrative support of Tribunal.

Section 807, Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90

Stat. 2598, related to deduction of costs of proceedings involving

distribution of royalty fees.

Section 808, Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90

Stat. 2598, related to reporting requirements of the Tribunal.

Section 809, Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90

Stat. 2598, related to effective date of final determinations of

Tribunal.

Section 810, Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90

Stat. 2598, related to judicial review of final decisions of

Tribunal.

-CITE-