COPYRIGHT ACT

« 17 USC Sec. 710 | Index | 17 USC Sec. 802 »

17 USC Sec. 801 - Copyright arbitration royalty panels: Establishment and purpose

      (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.

-CROSS-

                      FEDERAL RULES OF CIVIL PROCEDURE

      Proof of official record, see rule 44, Title 28, Appendix,

    Judiciary and Judicial Procedure.

                         FEDERAL RULES OF EVIDENCE

      Hearsay exception, public records and reports, see rule 803,

    Title 28, Appendix, Judiciary and Judicial Procedure.

      Self-authentication, domestic public documents under seal, see

    rule 902.

                              CROSS REFERENCES

      Authenticated copies of records and papers of department or

    agency admissible, see section 1733 of Title 28, Judiciary and

    Judicial Procedure.

      Patents for designs, see section 171 et seq. of Title 35,

    Patents.

      Trademarks registrable on principal register, see section 1052 of

    Title 15, Commerce and Trade.

-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.

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