[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 373 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 373

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 16 (legislative day, January 5), 1993

  Mr. DeConcini (for himself and Mr. Hatch) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 17, United States Code, to modify certain recordation 
   and registration requirements, 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 Reform Act of 1993''.

                       TITLE I--COPYRIGHT OFFICE

SEC. 101. COPYRIGHT RECORDATION PROVISIONS.

    Section 301(b) of title 17, United States Code, is amended--
            (1) in paragraph (3) by striking ``or'' after the 
        semicolon;
            (2) in paragraph (4) by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(5) perfecting security interests.''.

SEC. 102. COPYRIGHT REGISTRATION PROVISIONS.

    (a) Registration and Infringement Actions.--Section 411 of title 
17, United States Code, is amended to read as follows:
``Sec. 411. Registration and infringement actions
    ``In the case of a work consisting of sounds, images, or both, the 
first fixation of which is made simultaneously with its transmission, 
the copyright owner may, either before or after such fixation takes 
place, institute an action for infringement under section 501, fully 
subject to the remedies provided by sections 502 through 506 and 
sections 509 and 510, if, in accordance with requirements that the 
Register of Copyrights shall prescribe by regulation, the copyright 
owner serves notice upon the infringer, not less than 10 or more than 
30 days before such fixation, identifying the work and the specific 
time and source of its first transmission.''.
    (b) Registration as Prerequisite to Certain Remedies for 
Infringement.--Section 412 of title 17, United States Code, and the 
item relating to section 412 in the table of sections at the beginning 
of chapter 4 of title 17, United States Code, are repealed.

SEC. 103. THE COPYRIGHT OFFICE: GENERAL RESPONSIBILITIES AND 
              ORGANIZATION.

    (a) Register of Copyrights.--Section 701(a) of title 17, United 
States Code, is amended to read as follows:
    ``(a)(1) The President shall appoint, by and with the advice and 
consent of the Senate, the Register of Copyrights. The Register of 
Copyrights shall be paid at the rate of pay in effect for level IV of 
the Executive Schedule under section 5315 of title 5.''.
    ``(2) All administrative functions and duties under this title, 
except as otherwise specified, are the responsibility of the Register 
of Copyrights as director of the Copyright Office of the Library of 
Congress. The Register of Copyrights shall appoint all other officers 
and employees of the Copyright Office, who shall act under the 
Register's general direction and supervision.''.
    (b) Annual Report.--Section 701(c) of title 17, United States Code, 
is amended to read as follows:
    ``(c) The Register of Copyrights shall make an annual report to the 
Congress on the work and accomplishments of the Copyright Office during 
the previous fiscal year.''.
    (c) Repeal.--Section 701(e) of title 17, United States Code, is 
repealed.

SEC. 104. COPYRIGHT OFFICE REGULATIONS.

    Section 702 of title 17, United States Code, is amended by striking 
the last sentence.

SEC. 105. CONFORMING AMENDMENTS.

    (a) Definitions.--Section 101 of title 17, United States Code, is 
amended by striking the definition of the ``country of origin'' of a 
Berne Convention work.
    (b) Recordation of Transfers and Other Documents.--Section 205(c) 
of title 17, United States Code, is amended by striking ``but only if--
'' and all that follows through the end of paragraph (2) and inserting 
the following: ``but only if the document, or material attached to it, 
specifically identifies the work to which it pertains so that, after 
the document is indexed by the Register of Copyrights, it would be 
revealed by a reasonable search under the title or registration number 
of the work.''.
    (c) Infringement of Copyright.--Section 501(b) of title 17, United 
States Code, is amended in the first sentence by striking ``, subject 
to the requirements of section 411,''.
    (d) Remedies for Infringement.--Section 504(a) of title 17, United 
States Code, is amended by striking ``Except as otherwise provided by 
this title, an'' and inserting ``An''.

                  TITLE II--COPYRIGHT ROYALTY TRIBUNAL

SEC. 201. COPYRIGHT ARBITRATION ROYALTY PANELS.

    (a) Establishment and Purpose.--Section 801 of title 17, United 
States Code, is amended to read as follows:
``Sec. 801. Copyright arbitration royalty panels: establishment and 
              purpose
    ``(a) Establishment.--The Register of Copyrights is authorized to 
appoint and convene copyright arbitration royalty panels to--
            ``(1) make determinations concerning the adjustment of the 
        copyright royalty rates as provided in section 803;
            ``(2) adjust royalty payments under section 1004(a)(3);
            ``(3) distribute royalty fees deposited with the Register 
        of Copyrights under sections 111 and 119(b) in the event a 
        controversy over such distribution exists; and
            ``(4) distribute the royalty fees deposited with the 
        Register of Copyrights under section 1005 in the event a 
        controversy over such distribution exists under section 
        1006(c).''.
    (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 Register of Copyrights 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 803 or 804, and in accordance with procedures specified by the 
Register of Copyrights, the Register of Copyrights shall select 2 
arbitrators from lists of arbitrators provided to the Register by 
parties participating in the arbitration. 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 chairperson, the Register of Copyrights shall promptly select the 
chairperson.
    ``(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. Any copyright owner who claims to be entitled to 
royalties under section 111 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. 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 Register of Copyrights.--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 Register of Copyrights 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 Copyright Arbitration Royalty Panel.--Within 60 
days after receiving the report of a copyright arbitration royalty 
panel under subsection (d), the Register of Copyrights shall adopt or 
reject the determination of the arbitration panel. The Register shall 
adopt the determination of the arbitration panel unless the Register 
finds that the determination is arbitrary. If the Register rejects the 
determination of the arbitration panel, the Register 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 Register 
shall cause to be published in the Federal Register the determination 
of the arbitration panel, and the decision of the Register (including 
an order issued under the preceding sentence). The Register shall also 
publicize such determination and decision in such other manner as the 
Register considers appropriate. The Register 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 Register of Copyrights 
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. The pendency of an appeal under this 
paragraph shall not relieve persons obligated to make royalty payments 
under sections 111, 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 Register only if it finds, on the 
basis of the record before the Register, that the Register acted in an 
arbitrary manner. If the court modifies the decision of the Register, 
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).''.
    (c) Adjustment of Compulsory License Rates.--Section 803 of title 
17, United States Code, is amended to read as follows:
``Sec. 803. Adjustment of compulsory license rates
    ``(a) Petitions.--In accordance with subsection (b), any owner or 
user of a copyrighted work whose royalty rates are specified by this 
title, or by a rate established by the Copyright Royalty Tribunal 
before the date of the enactment of the Copyright Reform Act of 1993, 
or by a copyright arbitration royalty panel after such date of 
enactment, may file a petition with the Register of Copyrights 
declaring that the petitioner requests an adjustment of the rate. The 
Register of Copyrights shall make a determination as to whether the 
petitioner has a significant interest in the royalty rate in which an 
adjustment is requested. If the Register determines that the petitioner 
has a significant interest, the Register 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. Except as provided in subsection 
(b)(1), the rates set by a copyright arbitration royalty panel shall 
attempt to reflect what the fair market value of the use would be in 
the absence of a compulsory license.
    ``(b) Types of Proceedings.--
            ``(1) Cable.--In making determinations concerning the 
        adjustment of the copyright royalty rates in section 111, 
        copyright arbitration royalty panels shall make their 
        determinations only in accordance with the following 
        provisions:
                    ``(A) The rates established by section 111(d)(1)(B) 
                may be adjusted to reflect national monetary inflation 
                or deflation, or 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 on the date of the enactment of the Copyright 
                Reform Act of 1993, except that--
                            ``(i) 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
                            ``(ii) no increase in the royalty fee shall 
                        be permitted based on any reduction in the 
                        average number of distant signal equivalents 
                        per subscriber.
                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 
                ensure 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, a copyright arbitration royalty panel 
                shall consider, among other factors, the economic 
                impact on copyright owners and users, except that no 
                adjustment in royalty rates shall be made under this 
                subparagraph 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 in such section shall 
                not be subject to adjustment.
                    ``(E) With respect to proceedings under 
                subparagraph (A) or (D), petitions under subsection (a) 
                may be filed during 1995 and in each subsequent fifth 
                calendar year.
                    ``(F) With respect to proceedings under 
                subparagraph (B) or (C), petitions under subsection (a) 
                may be filed within 12 months after an event described 
                in either such subsection. Any change in royalty rates 
                made pursuant to subparagraph (B) or (C) may be 
                reconsidered in 1995 and each fifth calendar year 
                thereafter, in accordance with subparagraph (B) or (C), 
                as the case may be.
            ``(2) Phonorecords.--With respect to proceedings to adjust 
        the copyright royalty rates in section 115, petitions under 
        subsection (a) may be filed in 1997 and in each subsequent 
        tenth calendar year.
            ``(3) Coin-Operated Phonorecord Players.--If a negotiated 
        license authorized by section 116 is terminated or expires and 
        is not replaced by another license agreement under such 
        section, the Register of Copyrights shall, upon petition filed 
        under subsection (a) 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 rate 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(c).
            ``(4) Noncommercial broadcasting.--A copyright arbitration 
        royalty panel may commence proceedings to adjust the copyright 
        royalty rates in section 118 as provided in that section.
            ``(5) Digital audio recording.--The Register of Copyrights 
        shall make adjustments to royalty payments under section 
        1004(a)(3) as provided in that section.''.
    (d) Distribution of Copyright Royalties.--Section 804 of title 17, 
United States Code, is amended to read as follows:
``Sec. 804. Distribution of copyright royalties
    ``The distribution of royalties under this title shall be as 
provided in section 111(d)(4), 119(b)(4), and 1007.''.
    (e) Repeal.--Sections 805 through 810 of title 17, United States 
Code, are repealed.
    (f) Clerical Amendment.--The table of sections at the beginning of 
chapter 8 of title 17, United States Code, is amended to read as 
follows:

``Sec. 801. Copyright arbitration royalty panels: establishment and 
                            purpose.
``Sec. 802. Membership and proceedings of copyright arbitration royalty 
                            panels.
``Sec. 803. Adjustment of compulsory license rates.
``Sec. 804. Distribution of copyright royalties.''.

SEC. 202. 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'' and inserting ``Register of 
        Copyrights'';
            (D) in subsection (c) (as so redesignated)--
                    (i) in the subsection caption by striking ``Royalty 
                Tribunal'' and inserting ``Arbitration Royalty Panel''; 
                and
                    (ii) 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. 203. 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 
                        ``Register of Copyrights'';
                    (D) in paragraph (2) by striking ``Tribunal'' and 
                inserting ``Register of Copyrights'';
                    (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 Register of Copyrights shall, pursuant 
                        to section 803, 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 Register of Copyrights.'';
                            (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 
                        `Register of Copyrights''; and
                    (F) by striking paragraph (4);
            (2) by striking subsection (c); and
            (3) in subsection (d)--
                    (A) by redesignating such subsection as subsection 
                (c);
                    (B) by striking ``to the transitional provisions of 
                subsection (b)(4), and''; and
                    (C) by striking ``Copyright Royalty Tribunal'' and 
                inserting ``copyright arbitration royalty panel''.

SEC. 204. 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 ``Register of 
                Copyrights'';
                    (C) in paragraph (3) by striking ``Copyright 
                Royalty Tribunal'' and inserting ``Register of 
                Copyrights''; and
                    (D) in paragraph (4)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' each place it appears and inserting 
                        ``Register of Copyrights'';
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Register''; and
                            (iii) in subparagraph (C) by striking 
                        ``conduct a proceeding'' in the last sentence 
                        and inserting ``convene a copyright arbitration 
                        royalty panel''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Determination of Royalties.--The royalty fee payable under 
subsection (b)(1)(B) shall be that established by the Copyright Royalty 
Tribunal on May 1, 1992, as corrected on May 18, 1992.''.

SEC. 205. 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 by the Register in the event no controversy over 
        distribution exists, or by a copyright arbitration royalty 
        panel in the event a controversy over such distribution exists. 
        The Register shall compile and publish on a semiannual basis, a 
        compilation of all statements of account covering the relevant 
        6-month period provided by paragraph (1) of this subsection.''.
            (4) Paragraph (4)(A) is amended--
                    (A) by striking ``Copyright Royalty Tribunal'' and 
                inserting ``Register of Copyrights''; and
                    (B) by striking ``Tribunal'' and inserting 
                ``Register''.
            (5) Paragraph (4)(B) is amended to read as follows:
                    ``(B) After the first day of August of each year, 
                the Register of Copyrights shall determine whether 
                there exists a controversy concerning the distribution 
                of royalty fees. If the Register determines that no 
                such controversy exists, the Register shall, after 
                deducting the Copyright Office's reasonable 
                administrative costs under this section, distribute 
                such fees to the copyright owners entitled, or to their 
                designated agents. If the Register finds the existence 
                of a controversy, the Register 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 ``Register of Copyrights''.
    (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 ``Register of Copyrights''; and
                    (B) by striking ``Tribunal'' and inserting 
                ``Register''.
            (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 ``Register of 
        Copyrights 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) by striking ``Copyright 
                Royalty Tribunal'' and inserting ``Register of 
                Copyrights'';
                    (B) in subsection (b)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Register of 
                        Copyrights''; and
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Register''; and
                    (C) in subsection (c)--
                            (i) by striking the first sentence and 
                        inserting ``If the Register finds the existence 
                        of a controversy, the Register shall, pursuant 
                        to chapter 8 of this title, convene a copyright 
                        arbitration royalty panel to determine the 
                        distribution of royalty payments.''; and
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Register''.
            (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 ``Register of 
                        Copyrights''; and
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Register'';
                    (B) in subsection (e) by striking ``Copyright 
                Royalty Tribunal'' each place it appears and inserting 
                ``Register of Copyrights'';
                    (C) in subsection (f)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' each place it appears and inserting 
                        ``Register of Copyrights'';
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Register''; and
                            (iii) in the third sentence by striking 
                        ``its'' and inserting ``the Register's''; and
                    (D) in subsection (g)--
                            (i) by striking ``Copyright Royalty 
                        Tribunal'' and inserting ``Register of 
                        Copyrights''; and
                            (ii) by striking ``Tribunal'' each place it 
                        appears and inserting ``Register''.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. EFFECTIVE DATE.

    (a) Title I.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by title I take effect on the date of the 
        enactment of this Act.
            (2) Section 103.--The amendments made by section 103 take 
        effect on January 1, 1994.
    (b) Title II.--The amendments made by title II take effect on 
January 1, 1994.
    (c) 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 (b) shall remain in effect until 
modified by voluntary agreement or pursuant to the amendments made by 
this Act.

                                 <all>

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