COPYRIGHT ACT

« 17 USC Sec. 1009 | Index | Chapter 11 »

17 USC Sec. 1010 - Arbitration of certain disputes

      (a) Scope of Arbitration. - Before the date of first distribution

    in the United States of a digital audio recording device or a

    digital audio interface device, any party manufacturing, importing,

    or distributing such device, and any interested copyright party may

    mutually agree to binding arbitration for the purpose of

    determining whether such device is subject to section 1002, or the

    basis on which royalty payments for such device are to be made

    under section 1003.

      (b) Initiation of Arbitration Proceedings. - Parties agreeing to

    such arbitration shall file a petition with the Librarian of

    Congress requesting the commencement of an arbitration proceeding.

    The petition may include the names and qualifications of potential

    arbitrators.  Within 2 weeks after receiving such a petition, the

    Librarian of Congress shall cause notice to be published in the

    Federal Register of the initiation of an arbitration proceeding.

    Such notice shall include the names and qualifications of 3

    arbitrators chosen by the Librarian of Congress from a list of

    available arbitrators obtained from the American Arbitration

    Association or such similar organization as the Librarian of

    Congress shall select, and from potential arbitrators listed in the

    parties' petition.  The arbitrators selected under this subsection

    shall constitute an Arbitration Panel.

      (c) Stay of Judicial Proceedings. - Any civil action brought

    under section 1009 against a party to arbitration under this

    section shall, on application of one of the parties to the

    arbitration, be stayed until completion of the arbitration

    proceeding.

      (d) Arbitration Proceeding. - The Arbitration Panel shall conduct

    an arbitration proceeding with respect to the matter concerned, in

    accordance with such procedures as it may adopt.  The Panel shall

    act on the basis of a fully documented written record.  Any party

    to the arbitration may submit relevant information and proposals to

    the Panel. The parties to the proceeding shall bear the entire cost

    thereof in such manner and proportion as the Panel shall direct.

      (e) Report to Librarian of Congress. - Not later than 60 days

    after publication of the notice under subsection (b) of the

    initiation of an arbitration proceeding, the Arbitration Panel

    shall report to the Librarian of Congress its determination

    concerning whether the device concerned is subject to section 1002,

    or the basis on which royalty payments for the device are to be

    made under section 1003. Such report shall be accompanied by the

    written record, and shall set forth the facts that the Panel found

    relevant to its determination.

      (f) Action by the Librarian of Congress. - Within 60 days after

    receiving the report of the Arbitration Panel under subsection (e),

    the Librarian of Congress shall adopt or reject the determination

    of the Panel. The Librarian of Congress shall adopt the

    determination of the Panel unless the Librarian of Congress finds

    that the determination is clearly erroneous.  If the Librarian of

    Congress rejects the determination of the Panel, the Librarian of

    Congress shall, before the end of that 60-day period, and after

    full examination of the record created in the arbitration

    proceeding, issue an order setting forth the Librarian's decision

    and the reasons therefor.  The Librarian of Congress shall cause to

    be published in the Federal Register the determination of the Panel

    and the decision of the Librarian of Congress under this subsection

    with respect to the determination (including any order issued under

    the preceding sentence).

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

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

    Arbitration Panel may be appealed, by a party to the arbitration,

    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. The pendency of an appeal under this

    subsection shall not stay the decision of the Librarian of

    Congress. The court shall have jurisdiction to modify or vacate a

    decision of the Librarian of Congress only if it finds, on the

    basis of the record before the Librarian of Congress, that the

    Arbitration Panel or the Librarian of Congress acted in an

    arbitrary manner.  If the court modifies the decision of the

    Librarian of Congress, the court shall have jurisdiction to enter

    its own decision in accordance with its final judgment.  The court

    may further vacate the decision of the Librarian of Congress and

    remand the case for arbitration proceedings as provided in this

    section.

-SOURCE-

    (Added Pub. L. 102-563, Sec. 2, Oct. 28, 1992, 106 Stat. 4246;

    amended Pub. L. 103-198, Sec. 6(b)(5), Dec. 17, 1993, 107 Stat.

    2312.)

-MISC1-

                                 AMENDMENTS

      1993 - Subsec. (b). Pub. L. 103-198, Sec. 6(b)(5)(A), substituted

    ''Librarian of Congress'' for ''Copyright Royalty Tribunal'' before

    ''requesting the commencement'' and for ''Tribunal'' wherever

    appearing.

      Subsec. (e). Pub. L. 103-198, Sec. 6(b)(5)(B), substituted

    ''Librarian of Congress'' for ''Copyright Royalty Tribunal'' in

    heading and text.

      Subsec. (f). Pub. L. 103-198, Sec. 6(b)(5)(C), substituted

    ''Librarian of Congress'' for ''Copyright Royalty Tribunal'' in

    heading and before ''shall adopt or reject'' in text, substituted

    ''Librarian of Congress'' for ''Tribunal'' wherever appearing, and

    substituted ''the Librarian's'' for ''its''.

      Subsec. (g). Pub. L. 103-198, Sec. 6(b)(5)(D), substituted

    ''Librarian of Congress'' for ''Copyright Royalty Tribunal'' after

    ''Any decision of the'', ''decision of the Librarian of Congress''

    for ''Tribunal's decision'' in second sentence, and ''Librarian of

    Congress'' for ''Tribunal'' wherever appearing in third through

    fifth sentences.

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