COPYRIGHT ACT

« 17 USC Sec. 801 | Index | 17 USC Sec. 803 »

17 USC Sec. 802 - Membership and proceedings of copyright arbitration royalty panels

      (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(f), 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.)

-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

      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.

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