[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2840 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 241

103d CONGRESS

  1st Session

                               H. R. 2840

_______________________________________________________________________

                                 AN ACT

     To amend title 17, United States Code, to establish copyright 
 arbitration royalty panels to replace the Copyright Royalty Tribunal, 
                        and for other purposes.

_______________________________________________________________________

             October 20 (legislative day, October 13), 1993

             Read twice and ordered placed on the calendar





                                                       Calendar No. 241
103d CONGRESS
  1st Session
                                H. R. 2840


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 13, 1993

                                Received

             October 20 (legislative day, October 13), 1993

             Read twice and ordered placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
     To amend title 17, United States Code, to establish copyright 
 arbitration royalty panels to replace the Copyright Royalty Tribunal, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copyright Royalty Tribunal Reform 
Act of 1993''.

SEC. 2. COPYRIGHT ARBITRATION ROYALTY PANELS.

    (a) Establishment and Purpose.--Section 801 of title 17, United 
States Code, is amended as follows:
            (1) The section designation and heading are amended to read 
        as follows:
``Sec. 801. Copyright arbitration royalty panels: establishment and 
              purpose''.
            (2) Subsection (a) is amended to read as follows:
    ``(a) Establishment.--The Librarian of Congress, upon the 
recommendation of the Register of Copyrights, is authorized to appoint 
and convene copyright arbitration royalty panels.''.
            (3) Subsection (b) is amended--
                    (A) by inserting ``Purposes.--'' after ``(b)'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``Tribunal'' and inserting ``copyright 
                arbitration royalty panels'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``Commission'' and inserting ``copyright 
                        arbitration royalty panels''; and
                            (ii) in subparagraph (B), by striking 
                        ``Copyright Royalty Tribunal'' and inserting 
                        ``copyright arbitration royalty panels'';
                    (D) in paragraph (3), by striking ``In 
                determining'' and all that follows through the end of 
                the paragraph; and
                    (E) in paragraph (4) by striking ``to determine'' 
                and all that follows through ``chapter 10'' and 
                inserting ``and to determine the distribution of such 
                payments.''.
            (4) By amending subsection (c) to read as follows:
    ``(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.''.
    (b) Membership and Proceedings.--Section 802 of title 17, United 
States Code, is amended to read as follows:
``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 initiating an arbitration proceeding under 
section 804, 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 of arbitrators provided to the Librarian by parties participating 
in the arbitration and by professional arbitration associations or such 
similar organizations as the Librarian shall select. 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.
    ``(c) Arbitration Proceedings.--Copyright arbitration royalty 
panels shall conduct arbitration proceedings, in accordance with such 
procedures as they may adopt, 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, 116, or 119, 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. The 
parties to the proceedings shall bear the entire cost thereof in such 
manner and proportion as the arbitration panels shall direct.
    ``(d) Report to the Librarian of Congress.--Not later than 180 days 
after publication of the notice 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.
    ``(e) Action by Librarian of Congress.--Within 60 days after 
receiving the report of a copyright arbitration royalty panel under 
subsection (d), 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. If the Librarian rejects the determination of the 
arbitration panel, the Librarian 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 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.
    ``(f) Judicial Review.--Any decision of the Librarian of Congress 
under subsection (e) 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. The 
pendency of an appeal under this paragraph shall not relieve persons 
obligated to make royalty payments under sections 111, 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 for arbitration proceedings 
in accordance with subsection (c).
    ``(g) Administrative Matters.--
            ``(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.
            ``(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, 115, 116, 118, or 119 or 
        chapter 10.''.
    (c) Adjustment of Compulsory License Rates.--Section 803 of title 
17, United States Code, and the item relating to such section in the 
table of sections at the beginning of chapter 8 of such title, are 
repealed.
    (d) Institution and Conclusion of Proceedings.--Section 804 of 
title 17, United States Code, is amended as follows:
            (1) Subsection (a) is amended to read as follows:
    ``(a)(1) With respect to proceedings under section 801(b)(1) 
concerning the adjustment of royalty rates as provided in sections 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), and (4), 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.
    ``(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).''.
            (2) Subsection (b) is amended--
                    (A) by striking ``subclause'' and inserting 
                ``subparagraph'';
                    (B) by striking ``Tribunal'' the first place it 
                appears and inserting ``Copyright Royalty Tribunal or 
                the Librarian of Congress'';
                    (C) by striking ``Tribunal'' the second and third 
                places it appears and inserting ``Librarian'';
                    (D) by striking ``Tribunal'' the last place it 
                appears and inserting ``Copyright Royalty Tribunal or 
                the Librarian of Congress''; and
                    (E) by striking ``(a)(2), above'' and inserting 
                ``subsection (a) of this section''.
            (3) Subsection (c) is amended by striking ``Tribunal'' and 
        inserting ``Librarian of Congress''.
            (4) Subsection (d) is amended--
                    (A) by striking ``Chairman of the Tribunal'' and 
                inserting ``Librarian of Congress''; and
                    (B) by striking ``determination by the Tribunal'' 
                and inserting ``a determination''.
            (5) Section 804 is further amended by striking subsection 
        (e).
    (e) Repeal.--Sections 805 through 810 of title 17, United States 
Code, and the items relating to such sections in the table of sections 
at the beginning of chapter 8 of such title, are repealed.
    (f) Clerical Amendment.--The table of sections at the beginning of 
chapter 8 of title 17, United States Code, is amended by striking the 
items relating to sections 801 and 802 and inserting the following:

``801. Copyright arbitration royalty panels: establishment and purpose.
``802. Membership and proceedings of copyright arbitration royalty 
                            panels.''.

SEC. 3. JUKEBOX LICENSES.

    (a) Repeal of Compulsory License.--Section 116 of title 17, United 
States Code, and the item relating to section 116 in the table of 
sections at the beginning of chapter 1 of such title, are repealed.
    (b) Negotiated Licenses.--(1) Section 116A of title 17, United 
States Code, is amended--
            (A) by redesignating such section as section 116;
            (B) by striking subsection (b) and redesignating 
        subsections (c) and (d) as subsections (b) and (c), 
        respectively;
            (C) in subsection (b)(2) (as so redesignated) by striking 
        ``Copyright Royalty Tribunal'' each place it appears and 
        inserting ``Librarian of Congress'';
            (D) in subsection (c) (as so redesignated)--
                    (i) in the subsection caption by striking ``Royalty 
                Tribunal'' and inserting ``Arbitration Royalty Panel'';
                    (ii) by striking ``subsection (c)'' and inserting 
                ``subsection (b)''; and
                    (iii) by striking ``the Copyright Royalty 
                Tribunal'' and inserting ``a copyright arbitration 
                royalty panel''; and
            (E) by striking subsections (e), (f), and (g).
    (2) The table of sections at the beginning of chapter 1 of title 
17, United States Code, is amended by striking ``116A'' and inserting 
``116''.

SEC. 4. PUBLIC BROADCASTING COMPULSORY LICENSE.

    Section 118 of title 17, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking the first 2 sentences;
                    (B) in the third sentence by striking ``works 
                specified by this subsection'' and inserting 
                ``published nondramatic musical works and published 
                pictorial, graphic, and sculptural works'';
                    (C) in paragraph (1)--
                            (i) in the first sentence by striking ``, 
                        within one hundred and twenty days after 
                        publication of the notice specified in this 
                        subsection,''; and
                            (ii) by striking ``Copyright Royalty 
                        Tribunal'' each place it appears and inserting 
                        ``Librarian of Congress'';
                    (D) in paragraph (2) by striking ``Tribunal'' and 
                inserting ``Librarian of Congress'';
                    (E) in paragraph (3)--
                            (i) by striking the first sentence and 
                        inserting the following: ``In the absence of 
                        license agreements negotiated under paragraph 
                        (2), the Librarian of Congress shall, pursuant 
                        to chapter 8, convene a copyright arbitration 
                        royalty panel to determine and publish in the 
                        Federal Register a schedule of rates and terms 
                        which, subject to paragraph (2), shall be 
                        binding on all owners of copyright in works 
                        specified by this subsection and public 
                        broadcasting entities, regardless of whether 
                        such copyright owners have submitted proposals 
                        to the Librarian of Congress.'';
                            (ii) in the second sentence--
                                    (I) by striking ``Copyright Royalty 
                                Tribunal'' and inserting ``copyright 
                                arbitration royalty panel''; and
                                    (II) by striking ``clause (2) of 
                                this subsection'' and inserting 
                                ``paragraph (2)''; and
                            (iii) in the last sentence by striking 
                        ``Copyright Royalty Tribunal'' and inserting 
                        ``Librarian of Congress''; and
                    (F) by striking paragraph (4);
            (2) in subsection (c)--
                    (A) by striking ``1982'' and inserting ``1997''; 
                and
                    (B) by striking ``Copyright Royalty Tribunal'' and 
                inserting ``Librarian of Congress'';
            (3) in subsection (d)--
                    (A) by striking ``to the transitional provisions of 
                subsection (b)(4), and'';
                    (B) by striking ``the Copyright Royalty Tribunal'' 
                and inserting ``a copyright arbitration royalty 
                panel''; and
                    (C) in paragraphs (2) and (3) by striking 
                ``clause'' each place it appears and inserting 
                ``paragraph''; and
            (4) in subsection (g) by striking ``clause'' and inserting 
        ``paragraph''.

SEC. 5. SECONDARY TRANSMISSIONS BY SUPERSTATIONS AND NETWORK STATIONS 
              FOR PRIVATE VIEWING.

    Section 119 of title 17, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1) by striking ``, after 
                consultation with the Copyright Royalty Tribunal,'' 
                each place it appears;
                    (B) in paragraph (2) by striking ``Copyright 
                Royalty Tribunal'' and inserting ``Librarian of 
                Congress'';
                    (C) in paragraph (3) by striking ``Copyright 
                Royalty Tribunal'' and inserting ``Librarian of 
                Congress''; and
                    (D) in paragraph (4)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' each place it appears and inserting 
                        ``Librarian of Congress'';
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Librarian of 
                        Congress''; and
                            (iii) in subparagraph (B) by striking 
                        ``conduct a proceeding'' in the last sentence 
                        and inserting ``convene a copyright arbitration 
                        royalty panel''; and
            (2) in subsection (c)--
                    (A) in the subsection caption by striking 
                ``Determination'' and inserting ``Adjustment'';
                    (B) in paragraph (2) by striking ``Copyright 
                Royalty Tribunal'' each place it appears and inserting 
                ``Librarian of Congress'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``Copyright Royalty 
                                Tribunal'' and inserting ``Librarian of 
                                Congress''; and
                                    (II) by striking the last sentence 
                                and inserting the following: ``Such 
                                arbitration proceeding shall be 
                                conducted under chapter 8.'';
                            (ii) by striking subparagraphs (B) and (C);
                            (iii) in subparagraph (D)--
                                    (I) by redesignating such 
                                subparagraph as subparagraph (B); and
                                    (II) by striking ``Arbitration 
                                Panel'' and inserting ``copyright 
                                arbitration royalty panel appointed 
                                under chapter 8'';
                            (iv) by striking subparagraphs (E) and (F);
                            (v) by amending subparagraph (G) to read as 
                        follows:
                    ``(C) Period during which decision of arbitration 
                panel or order of librarian effective.--The obligation 
                to pay the royalty fee established under a 
                determination which--
                            ``(i) is made by a copyright arbitration 
                        royalty panel in an arbitration proceeding 
                        under this paragraph and is adopted by the 
                        Librarian of Congress under section 802(e), or
                            ``(ii) is established by the Librarian of 
                        Congress under section 802(e),
                shall become effective as provided in section 
                802(f).''; and
                            (vi) in subparagraph (H)--
                                    (I) by redesignating such 
                                subparagraph as subparagraph (D); and
                                    (II) by striking ``adopted or 
                                ordered under subparagraph (F)'' and 
                                inserting ``referred to in subparagraph 
                                (C)''; and
                    (D) by striking paragraph (4).

SEC. 6. CONFORMING AMENDMENTS.

    (a) Cable Compulsory License.--Section 111(d) of title 17, United 
States Code, is amended as follows:
            (1) Paragraph (1) is amended by striking ``, after 
        consultation with the Copyright Royalty Tribunal (if and when 
        the Tribunal has been constituted),''.
            (2) Paragraph (1)(A) is amended by striking ``, after 
        consultation with the Copyright Royalty Tribunal (if and when 
        the Tribunal has been constituted),''.
            (3) Paragraph (2) is amended by striking the second and 
        third sentences and by inserting the following: ``All funds 
        held by the Secretary of the Treasury shall be invested in 
        interest-bearing United States securities for later 
        distribution with interest by the Librarian of Congress in the 
        event no controversy over distribution exists, or by a 
        copyright arbitration royalty panel in the event a controversy 
        over such distribution exists.''.
            (4) Paragraph (4)(A) is amended--
                    (A) by striking ``Copyright Royalty Tribunal'' and 
                inserting ``Librarian of Congress''; and
                    (B) by striking ``Tribunal'' and inserting 
                ``Librarian of Congress''.
            (5) Paragraph (4)(B) is amended to read as follows:
                    ``(B) After the first day of August of each year, 
                the Librarian of Congress shall, upon the 
                recommendation of the Register of Copyrights, determine 
                whether there exists a controversy concerning the 
                distribution of royalty fees. If the Librarian 
                determines that no such controversy exists, the 
                Librarian shall, after deducting reasonable 
                administrative costs under this section, distribute 
                such fees to the copyright owners entitled to such 
                fees, or to their designated agents. If the Librarian 
                finds the existence of a controversy, the Librarian 
                shall, pursuant to chapter 8 of this title, convene a 
                copyright arbitration royalty panel to determine the 
                distribution of royalty fees.''.
            (6) Paragraph (4)(C) is amended by striking ``Copyright 
        Royalty Tribunal'' and inserting ``Librarian of Congress''.
    (b) Audio Home Recording Act.--
            (1) Royalty payments.--Section 1004(a)(3) of title 17, 
        United States Code, is amended--
                    (A) by striking ``Copyright Royalty Tribunal'' and 
                inserting ``Librarian of Congress''; and
                    (B) by striking ``Tribunal'' and inserting 
                ``Librarian of Congress''.
            (2) Deposit of royalty payments.--Section 1005 of title 17, 
        United States Code, is amended by striking the last sentence.
            (3) Entitlement to royalty payments.--Section 1006(c) of 
        title 17, United States Code, is amended by striking 
        ``Copyright Royalty Tribunal'' and inserting ``Librarian of 
        Congress shall convene a copyright arbitration royalty panel 
        which''.
            (4) Procedures for distributing royalty payments.--Section 
        1007 of title 17, United States Code, is amended--
                    (A) in subsection (a)(1)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Librarian of 
                        Congress''; and
                            (ii) by striking ``Tribunal'' and inserting 
                        ``Librarian of Congress'';
                    (B) in subsection (b)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Librarian of 
                        Congress''; and
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Librarian of 
                        Congress''; and
                    (C) in subsection (c)--
                            (i) by striking the first sentence and 
                        inserting ``If the Librarian of Congress finds 
                        the existence of a controversy, the Librarian 
                        shall, pursuant to chapter 8 of this title, 
                        convene a copyright arbitration royalty panel 
                        to determine the distribution of royalty 
                        payments.'';
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Librarian of 
                        Congress''; and
                            (iii) in the last sentence by striking 
                        ``its reasonable administrative costs'' and 
                        inserting ``the reasonable administrative costs 
                        incurred by the Librarian''.
            (5) Arbitration of certain disputes.--Section 1010 of title 
        17, United States Code, is amended--
                    (A) in subsection (b)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Librarian of 
                        Congress''; and
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Librarian of 
                        Congress'';
                    (B) in subsection (e)--
                            (i) in the subsection caption by striking 
                        ``Copyright Royalty Tribunal'' and inserting 
                        ``Librarian of Congress''; and
                            (ii) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Librarian of 
                        Congress'';
                    (C) in subsection (f)--
                            (i) in the subsection caption by striking 
                        ``Copyright Royalty Tribunal'' and inserting 
                        ``Librarian of Congress'';
                            (ii) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Librarian of 
                        Congress'';
                            (iii) by striking ``Tribunal'' each place 
                        it appears and inserting ``Librarian of 
                        Congress''; and
                            (iv) in the third sentence by striking 
                        ``its'' and inserting ``the Librarian's''; and
                    (D) in subsection (g)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Librarian of 
                        Congress'';
                            (ii) by striking ``Tribunal's decision'' 
                        and inserting ``decision of the Librarian of 
                        Congress''; and
                            (iii) by striking ``Tribunal'' each place 
                        it appears and inserting ``Librarian of 
                        Congress''.

SEC. 7. EFFECTIVE DATE AND TRANSITION PROVISIONS.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect on January 1, 1994.
    (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.

            Passed the House of Representatives October 12, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 2840 PCS----2