[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1417 Enrolled Bill (ENR)]
H.R.1417
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend title 17, United States Code, to replace copyright arbitration
royalty panels with Copyright Royalty Judges, 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 and Distribution
Reform Act of 2004''.
SEC. 2. REFERENCE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 17, United States
Code.
SEC. 3. COPYRIGHT ROYALTY JUDGE AND STAFF.
(a) In General.--Chapter 8 is amended to read as follows:
``CHAPTER 8--PROCEEDINGS BY COPYRIGHT ROYALTY JUDGES
``Sec.
``801. Copyright Royalty Judges; appointment and functions.
``802. Copyright Royalty Judgeships; staff.
``803. Proceedings of Copyright Royalty Judges.
``804. Institution of proceedings.
``805. General rule for voluntarily negotiated agreements.
``Sec. 801. Copyright Royalty Judges; appointment and functions
``(a) Appointment.--The Librarian of Congress shall appoint 3 full-
time Copyright Royalty Judges, and shall appoint 1 of the 3 as the
Chief Copyright Royalty Judge. The Librarian shall make appointments to
such positions after consultation with the Register of Copyrights.
``(b) Functions.--Subject to the provisions of this chapter, the
functions of the Copyright Royalty Judges shall be as follows:
``(1) To make determinations and adjustments of reasonable
terms and rates of royalty payments as provided in sections 112(e),
114, 115, 116, 118, 119 and 1004. 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
or her 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 under 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 October 19, 1976,
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.
The Copyright Royalty Judges may consider all factors relating
to the maintenance of such level of payments, including, as an
extenuating factor, whether the 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, the Copyright Royalty Judges
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 therein shall not be subject to
adjustment.
``(3)(A) To authorize the distribution, under sections 111,
119, and 1007, of those royalty fees collected under sections 111,
119, and 1005, as the case may be, to the extent that the Copyright
Royalty Judges have found that the distribution of such fees is not
subject to controversy.
``(B) In cases where the Copyright Royalty Judges determine
that controversy exists, the Copyright Royalty Judges shall
determine the distribution of such fees, including partial
distributions, in accordance with section 111, 119, or 1007, as the
case may be.
``(C) The Copyright Royalty Judges may make a partial
distribution of such fees during the pendency of the proceeding
under subparagraph (B) if all participants under section 803(b)(2)
in the proceeding that are entitled to receive those fees that are
to be partially distributed--
``(i) agree to such partial distribution;
``(ii) sign an agreement obligating them to return any
excess amounts to the extent necessary to comply with the final
determination on the distribution of the fees made under
subparagraph (B);
``(iii) file the agreement with the Copyright Royalty
Judges; and
``(iv) agree that such funds are available for
distribution.
``(D) The Copyright Royalty Judges and any other officer or
employee acting in good faith in distributing funds under
subparagraph (C) shall not be held liable for the payment of any
excess fees under subparagraph (C). The Copyright Royalty Judges
shall, at the time the final determination is made, calculate any
such excess amounts.
``(4) To accept or reject royalty claims filed under sections
111, 119, and 1007, on the basis of timeliness or the failure to
establish the basis for a claim.
``(5) To accept or reject rate adjustment petitions as provided
in section 804 and petitions to participate as provided in section
803(b) (1) and (2).
``(6) To determine the status of a digital audio recording
device or a digital audio interface device under sections 1002 and
1003, as provided in section 1010.
``(7)(A) To adopt as a basis for statutory terms and rates or
as a basis for the distribution of statutory royalty payments, an
agreement concerning such matters reached among some or all of the
participants in a proceeding at any time during the proceeding,
except that--
``(i) the Copyright Royalty Judges shall provide to those
that would be bound by the terms, rates, or other determination
set by any agreement in a proceeding to determine royalty rates
an opportunity to comment on the agreement and shall provide to
participants in the proceeding under section 803(b)(2) that
would be bound by the terms, rates, or other determination set
by the agreement an opportunity to comment on the agreement and
object to its adoption as a basis for statutory terms and
rates; and
``(ii) the Copyright Royalty Judges may decline to adopt
the agreement as a basis for statutory terms and rates for
participants that are not parties to the agreement, if any
participant described in clause (i) objects to the agreement
and the Copyright Royalty Judges conclude, based on the record
before them if one exists, that the agreement does not provide
a reasonable basis for setting statutory terms or rates.
``(B) License agreements voluntarily negotiated pursuant to
section 112(e)(5), 114(f)(3), 115(c)(3)(E)(i), 116(c), or 118(b)(2)
that do not result in statutory terms and rates shall not be
subject to clauses (i) and (ii) of subparagraph (A).
``(C) Interested parties may negotiate and agree to, and the
Copyright Royalty Judges may adopt, an agreement that specifies as
terms notice and recordkeeping requirements that apply in lieu of
those that would otherwise apply under regulations.
``(8) To perform other duties, as assigned by the Register of
Copyrights within the Library of Congress, except as provided in
section 802(g), at times when Copyright Royalty Judges are not
engaged in performing the other duties set forth in this section.
``(c) Rulings.--The Copyright Royalty Judges may make any necessary
procedural or evidentiary rulings in any proceeding under this chapter
and may, before commencing a proceeding under this chapter, make any
such rulings that would apply to the proceedings conducted by the
Copyright Royalty Judges.
``(d) Administrative Support.--The Librarian of Congress shall
provide the Copyright Royalty Judges with the necessary administrative
services related to proceedings under this chapter.
``(e) Location in Library of Congress.--The offices of the
Copyright Royalty Judges and staff shall be in the Library of Congress.
``Sec. 802. Copyright Royalty Judgeships; staff
``(a) Qualifications of Copyright Royalty Judges.--
``(1) In general.--Each Copyright Royalty Judge shall be an
attorney who has at least 7 years of legal experience. The Chief
Copyright Royalty Judge shall have at least 5 years of experience
in adjudications, arbitrations, or court trials. Of the other 2
Copyright Royalty Judges, 1 shall have significant knowledge of
copyright law, and the other shall have significant knowledge of
economics. An individual may serve as a Copyright Royalty Judge
only if the individual is free of any financial conflict of
interest under subsection (h).
``(2) Definition.--In this subsection, the term `adjudication'
has the meaning given that term in section 551 of title 5, but does
not include mediation.
``(b) Staff.--The Chief Copyright Royalty Judge shall hire 3 full-
time staff members to assist the Copyright Royalty Judges in performing
their functions.
``(c) Terms.--The individual first appointed as the Chief Copyright
Royalty Judge shall be appointed to a term of 6 years, and of the
remaining individuals first appointed as Copyright Royalty Judges, 1
shall be appointed to a term of 4 years, and the other shall be
appointed to a term of 2 years. Thereafter, the terms of succeeding
Copyright Royalty Judges shall each be 6 years. An individual serving
as a Copyright Royalty Judge may be reappointed to subsequent terms.
The term of a Copyright Royalty Judge shall begin when the term of the
predecessor of that Copyright Royalty Judge ends. When the term of
office of a Copyright Royalty Judge ends, the individual serving that
term may continue to serve until a successor is selected.
``(d) Vacancies or Incapacity.--
``(1) Vacancies.--If a vacancy should occur in the position of
Copyright Royalty Judge, the Librarian of Congress shall act
expeditiously to fill the vacancy, and may appoint an interim
Copyright Royalty Judge to serve until another Copyright Royalty
Judge is appointed under this section. An individual appointed to
fill the vacancy occurring before the expiration of the term for
which the predecessor of that individual was appointed shall be
appointed for the remainder of that term.
``(2) Incapacity.--In the case in which a Copyright Royalty
Judge is temporarily unable to perform his or her duties, the
Librarian of Congress may appoint an interim Copyright Royalty
Judge to perform such duties during the period of such incapacity.
``(e) Compensation.--
``(1) Judges.--The Chief Copyright Royalty Judge shall receive
compensation at the rate of basic pay payable for level AL-1 for
administrative law judges pursuant to section 5372(b) of title 5,
and each of the other two Copyright Royalty Judges shall receive
compensation at the rate of basic pay payable for level AL-2 for
administrative law judges pursuant to such section. The
compensation of the Copyright Royalty Judges shall not be subject
to any regulations adopted by the Office of Personnel Management
pursuant to its authority under section 5376(b)(1) of title 5.
``(2) Staff members.--Of the staff members appointed under
subsection (b)--
``(A) the rate of pay of 1 staff member shall be not more
than the basic rate of pay payable for level 10 of GS-15 of the
General Schedule;
``(B) the rate of pay of 1 staff member shall be not less
than the basic rate of pay payable for GS-13 of the General
Schedule and not more than the basic rate of pay payable for
level 10 of GS-14 of such Schedule; and
``(C) the rate of pay for the third staff member shall be
not less than the basic rate of pay payable for GS-8 of the
General Schedule and not more than the basic rate of pay
payable for level 10 of GS-11 of such Schedule.
``(3) Locality pay.--All rates of pay referred to under this
subsection shall include locality pay.
``(f) Independence of Copyright Royalty Judge.--
``(1) In making determinations.--
``(A) In general.--(i) Subject to clause (ii) of this
subparagraph and subparagraph (B), the Copyright Royalty Judges
shall have full independence in making determinations
concerning adjustments and determinations of copyright royalty
rates and terms, the distribution of copyright royalties, the
acceptance or rejection of royalty claims, rate adjustment
petitions, and petitions to participate, and in issuing other
rulings under this title, except that the Copyright Royalty
Judges may consult with the Register of Copyrights on any
matter other than a question of fact.
``(ii) A Copyright Royalty Judge or Judges, or, by motion
to the Copyright Royalty Judge or Judges, any participant in a
proceeding may request an interpretation by the Register of
Copyrights concerning any material question of substantive law
(not including questions of procedure before the Copyright
Royalty Judges, the ultimate adjustments and determinations of
copyright royalty rates and terms, the ultimate distribution of
copyright royalties, or the acceptance or rejection of royalty
claims, rate adjustment petitions, or petitions to participate)
concerning an interpretation or construction of those
provisions of this title that are the subject of the
proceeding. Any such request for a written interpretation by
the Register of Copyrights shall be on the record. Reasonable
provision shall be made for comment by the participants in the
proceeding on the material question of substantive law in such
a way as to minimize duplication and delay. Except as provided
in subparagraph (B), the Register of Copyrights shall deliver
to the Copyright Royalty Judges a response within 14 days after
the Register of Copyrigts receives all of the briefs or
comments of the participants. Such decision shall be in writing
and shall be included by the Copyright Royalty Judges in the
record that accompanies their final determination. If such a
decision is timely delivered to the Copyright Royalty Judges,
the Copyright Royalty Judges shall apply the legal
interpretation embodied in the response of the Register of
Copyrights in resolving material questions of substantive law.
``(B) Novel questions.--(i) In any case in which a novel
material question of substantive law concerning an
interpretation of those provisions of this title that are the
subject of the proceeding is presented, the Copyright Royalty
Judges shall request a decision of the Register of Copyrights,
in writing, to resolve such novel question. Reasonable
provision shall be made for comment on such request by the
participants in the proceeding, in such a way as to minimize
duplication and delay. The Register of Copyrights shall
transmit his or her decision to the Copyright Royalty Judges
within 30 days after the Register of Copyrights receives all of
the briefs or comments of the participants. Such decision shall
be in writing and included by the Copyright Royalty Judges in
the record that accompanies their final determination. If such
a decision is timely delivered to the Copyright Royalty Judges,
the Copyright Royalty Judges shall apply the legal
determinations embodied in the decision of the Register of
Copyrights in resolving material questions of substantive law.
``(ii) In clause (i), a `novel question of law' is a
question of law that has not been determined in prior
decisions, determinations, and rulings described in section
803(a).
``(C) Consultation.--Notwithstanding the provisions of
subparagraph (A), the Copyright Royalty Judges shall consult
with the Register of Copyrights with respect to any
determination or ruling that would require that any act be
performed by the Copyright Office, and any such determination
or ruling shall not be binding upon the Register of Copyrights.
``(D) Review of legal conclusions by the register of
copyrights.--The Register of Copyrights may review for legal
error the resolution by the Copyright Royalty Judges of a
material question of substantive law under this title that
underlies or is contained in a final determination of the
Copyright Royalty Judges. If the Register of Copyrights
concludes, after taking into consideration the views of the
participants in the proceeding, that any resolution reached by
the Copyright Royalty Judges was in material error, the
Register of Copyrights shall issue a written decision
correcting such legal error, which shall be made part of the
record of the proceeding. The Register of Copyrights shall
issue such written decision not later than 60 days after the
date on which the final determination by the Copyright Royalty
Judges is issued. Additionally, the Register of Copyrights
shall cause to be published in the Federal Register such
written decision, together with a specific identification of
the legal conclusion of the Copyright Royalty Judges that is
determined to be erroneous. As to conclusions of substantive
law involving an interpretation of the statutory provisions of
this title, the decision of the Register of Copyrights shall be
binding as precedent upon the Copyright Royalty Judges in
subsequent proceedings under this chapter. When a decision has
been rendered pursuant to this subparagraph, the Register of
Copyrights may, on the basis of and in accordance with such
decision, intervene as of right in any appeal of a final
determination of the Copyright Royalty Judges pursuant to
section 803(d) in the United States Court of Appeals for the
District of Columbia Circuit. If, prior to intervening in such
an appeal, the Register of Copyrights gives notification to,
and undertakes to consult with the Attorney General with
respect to such intervention, and the Attorney General fails,
within a reasonable period after receiving such notification,
to intervene in such appeal, the Register of Copyrights may
intervene in such appeal in his or her own name by any attorney
designated by the Register of Copyrights for such purpose.
Intervention by the Register of Copyrights in his or her own
name shall not preclude the Attorney General from intervening
on behalf of the United States in such an appeal as may be
otherwise provided or required by law.
``(E) Effect on judicial review.--Nothing in this section
shall be interpreted to alter the standard applied by a court
in reviewing legal determinations involving an interpretation
or construction of the provisions of this title or to affect
the extent to which any construction or interpretation of the
provisions of this title shall be accorded deference by a
reviewing court.
``(2) Performance appraisals.--
``(A) In general.--Notwithstanding any other provision of
law or any regulation of the Library of Congress, and subject
to subparagraph (B), the Copyright Royalty Judges shall not
receive performance appraisals.
``(B) Relating to sanction or removal.--To the extent that
the Librarian of Congress adopts regulations under subsection
(h) relating to the sanction or removal of a Copyright Royalty
Judge and such regulations require documentation to establish
the cause of such sanction or removal, the Copyright Royalty
Judge may receive an appraisal related specifically to the
cause of the sanction or removal.
``(g) Inconsistent Duties Barred.--No Copyright Royalty Judge may
undertake duties that conflict with his or her duties and
responsibilities as a Copyright Royalty Judge.
``(h) Standards of Conduct.--The Librarian of Congress shall adopt
regulations regarding the standards of conduct, including financial
conflict of interest and restrictions against ex parte communications,
which shall govern the Copyright Royalty Judges and the proceedings
under this chapter.
``(i) Removal or Sanction.--The Librarian of Congress may sanction
or remove a Copyright Royalty Judge for violation of the standards of
conduct adopted under subsection (h), misconduct, neglect of duty, or
any disqualifying physical or mental disability. Any such sanction or
removal may be made only after notice and opportunity for a hearing,
but the Librarian of Congress may suspend the Copyright Royalty Judge
during the pendency of such hearing. The Librarian shall appoint an
interim Copyright Royalty Judge during the period of any such
suspension.
``Sec. 803. Proceedings of Copyright Royalty Judges
``(a) Proceedings.--
``(1) In general.--The Copyright Royalty Judges shall act in
accordance with regulations issued by the Copyright Royalty Judges
and the Librarian of Congress, and on the basis of a written
record, prior determinations and interpretations of the Copyright
Royalty Tribunal, Librarian of Congress, the Register of
Copyrights, and the Copyright Royalty Judges (to the extent those
determinations are not inconsistent with a decision of the Register
of Copyrights that was timely delivered to the Copyright Royalty
Judges pursuant to section 802(f)(1) (A) or (B), or with a decision
of the Register of Copyrights pursuant to section 802(f)(1)(D)),
under this chapter, and decisions of the court of appeals under
this chapter before, on, or after the effective date of the
Copyright Royalty and Distribution Reform Act of 2004.
``(2) Judges acting as panel and individually.--The Copyright
Royalty Judges shall preside over hearings in proceedings under
this chapter en banc. The Chief Copyright Royalty Judge may
designate a Copyright Royalty Judge to preside individually over
such collateral and administrative proceedings, and over such
proceedings under paragraphs (1) through (5) of subsection (b), as
the Chief Judge considers appropriate.
``(3) Determinations.--Final determinations of the Copyright
Royalty Judges in proceedings under this chapter shall be made by
majority vote. A Copyright Royalty Judge dissenting from the
majority on any determination under this chapter may issue his or
her dissenting opinion, which shall be included with the
determination.
``(b) Procedures.--
``(1) Initiation.--
``(A) Call for petitions to participate.--(i) The Copyright
Royalty Judges shall cause to be published in the Federal
Register notice of commencement of proceedings under this
chapter, calling for the filing of petitions to participate in
a proceeding under this chapter for the purpose of making the
relevant determination under section 111, 112, 114, 115, 116,
118, 119, 1004, or 1007, as the case may be--
``(I) promptly upon a determination made under section
804(a);
``(II) by no later than January 5 of a year specified
in paragraph (2) of section 804(b) for the commencement of
proceedings;
``(III) by no later than January 5 of a year specified
in subparagraph (A) or (B) of paragraph (3) of section
804(b) for the commencement of proceedings, or as otherwise
provided in subparagraph (A) or (C) of such paragraph for
the commencement of proceedings;
``(IV) as provided under section 804(b)(8); or
``(V) by no later than January 5 of a year specified in
any other provision of section 804(b) for the filing of
petitions for the commencement of proceedings, if a
petition has not been filed by that date.
``(ii) Petitions to participate shall be filed by no later
than 30 days after publication of notice of commencement of a
proceeding under clause (i), except that the Copyright Royalty
Judges may, for substantial good cause shown and if there is no
prejudice to the participants that have already filed
petitions, accept late petitions to participate at any time up
to the date that is 90 days before the date on which
participants in the proceeding are to file their written direct
statements. Notwithstanding the preceding sentence, petitioners
whose petitions are filed more than 30 days after publication
of notice of commencement of a proceeding are not eligible to
object to a settlement reached during the voluntary negotiation
period under paragraph (3), and any objection filed by such a
petitioner shall not be taken into account by the Copyright
Royalty Judges.
``(B) Petitions to participate.--Each petition to
participate in a proceeding shall describe the petitioner's
interest in the subject matter of the proceeding. Parties with
similar interests may file a single petition to participate.
``(2) Participation in general.--Subject to paragraph (4), a
person may participate in a proceeding under this chapter,
including through the submission of briefs or other information,
only if--
``(A) that person has filed a petition to participate in
accordance with paragraph (1) (either individually or as a
group under paragraph (1)(B)), together with a filing fee of
$150;
``(B) the Copyright Royalty Judges have not determined that
the petition to participate is facially invalid; and
``(C) the Copyright Royalty Judges have not determined, sua
sponte or on the motion of another participant in the
proceeding, that the person lacks a significant interest in the
proceeding.
``(3) Voluntary negotiation period.--
``(A) In general.--Promptly after the date for filing of
petitions to participate in a proceeding, the Copyright Royalty
Judges shall make available to all participants in the
proceeding a list of such participants and shall initiate a
voluntary negotiation period among the participants.
``(B) Length of proceedings.--The voluntary negotiation
period initiated under subparagraph (A) shall be 3 months.
``(C) Determination of subsequent proceedings.--At the
close of the voluntary negotiation proceedings, the Copyright
Royalty Judges shall, if further proceedings under this chapter
are necessary, determine whether and to what extent paragraphs
(4) and (5) will apply to the parties.
``(4) Small claims procedure in distribution proceedings.--
``(A) In general.--If, in a proceeding under this chapter
to determine the distribution of royalties, the contested
amount of a claim is $10,000 or less, the Copyright Royalty
Judges shall decide the controversy on the basis of the filing
of the written direct statement by the participant, the
response by any opposing participant, and 1 additional response
by each such party. The participant asserting the claim shall
not be required to pay the filing fee under paragraph (2).
``(B) Bad faith inflation of claim.--If the Copyright
Royalty Judges determine that a participant asserts in bad
faith an amount in controversy in excess of $10,000 for the
purpose of avoiding a determination under the procedure set
forth in subparagraph (A), the Copyright Royalty Judges shall
impose a fine on that participant in an amount not to exceed
the difference between the actual amount distributed and the
amount asserted by the participant.
``(5) Paper proceedings.--The Copyright Royalty Judges in
proceedings under this chapter may decide, sua sponte or upon
motion of a participant, to determine issues on the basis of the
filing of the written direct statement by the participant, the
response by any opposing participant, and one additional response
by each such participant. Prior to making such decision to proceed
on such a paper record only, the Copyright Royalty Judges shall
offer to all parties to the proceeding the opportunity to comment
on the decision. The procedure under this paragraph--
``(A) shall be applied in cases in which there is no
genuine issue of material fact, there is no need for
evidentiary hearings, and all participants in the proceeding
agree in writing to the procedure; and
``(B) may be applied under such other circumstances as the
Copyright Royalty Judges consider appropriate.
``(6) Regulations.--
``(A) In general.--The Copyright Royalty Judges may issue
regulations to carry out their functions under this title. All
regulations issued by the Copyright Royalty Judges are subject
to the approval of the Librarian of Congress. Not later than
120 days after Copyright Royalty Judges or interim Copyright
Royalty Judges, as the case may be, are first appointed after
the enactment of the Copyright Royalty and Distribution Reform
Act of 2004, such judges shall issue regulations to govern
proceedings under this chapter.
``(B) Interim regulations.--Until regulations are adopted
under subparagraph (A), the Copyright Royalty Judges shall
apply the regulations in effect under this chapter on the day
before the effective date of the Copyright Royalty and
Distribution Reform Act of 2004, to the extent such regulations
are not inconsistent with this chapter, except that functions
carried out under such regulations by the Librarian of
Congress, the Register of Copyrights, or copyright arbitration
royalty panels that, as of such date of enactment, are to be
carried out by the Copyright Royalty Judges under this chapter,
shall be carried out by the Copyright Royalty Judges under such
regulations.
``(C) Requirements.--Regulations issued under subparagraph
(A) shall include the following:
``(i) The written direct statements of all participants
in a proceeding under paragraph (2) shall be filed by a
date specified by the Copyright Royalty Judges, which may
be not earlier than 4 months, and not later than 5 months,
after the end of the voluntary negotiation period under
paragraph (3). Notwithstanding the preceding sentence, the
Copyright Royalty Judges may allow a participant in a
proceeding to file an amended written direct statement
based on new information received during the discovery
process, within 15 days after the end of the discovery
period specified in clause (iii).
``(ii)(I) Following the submission to the Copyright
Royalty Judges of written direct statements by the
participants in a proceeding under paragraph (2), the
judges shall meet with the participants for the purpose of
setting a schedule for conducting and completing discovery.
Such schedule shall be determined by the Copyright Royalty
Judges.
``(II) In this chapter, the term `written direct
statements' means witness statements, testimony, and
exhibits to be presented in the proceedings, and such other
information that is necessary to establish terms and rates,
or the distribution of royalty payments, as the case may
be, as set forth in regulations issued by the Copyright
Royalty Judges.
``(iii) Hearsay may be admitted in proceedings under
this chapter to the extent deemed appropriate by the
Copyright Royalty Judges.
``(iv) Discovery in such proceedings shall be permitted
for a period of 60 days, except for discovery ordered by
the Copyright Royalty Judges in connection with the
resolution of motions, orders, and disputes pending at the
end of such period.
``(v) Any participant under paragraph (2) in a
proceeding under this chapter to determine royalty rates
may request of an opposing participant nonprivileged
documents directly related to the written direct statement
or written rebuttal statement of that participant. Any
objection to such a request shall be resolved by a motion
or request to compel production made to the Copyright
Royalty Judges in accordance with regulations adopted by
the Copyright Royalty Judges. Each motion or request to
compel discovery shall be determined by the Copyright
Royalty Judges, or by a Copyright Royalty Judge when
permitted under subsection (a)(2). Upon such motion, the
Copyright Royalty Judges may order discovery pursuant to
regulations established under this paragraph.
``(vi)(I) Any participant under paragraph (2) in a
proceeding under this chapter to determine royalty rates
may, by means of written motion or on the record, request
of an opposing participant or witness other relevant
information and materials if, absent the discovery sought,
the Copyright Royalty Judges' resolution of the proceeding
would be substantially impaired. In determining whether
discovery will be granted under this clause, the Copyright
Royalty Judges may consider--
``(aa) whether the burden or expense of producing
the requested information or materials outweighs the
likely benefit, taking into account the needs and
resources of the participants, the importance of the
issues at stake, and the probative value of the
requested information or materials in resolving such
issues;
``(bb) whether the requested information or
materials would be unreasonably cumulative or
duplicative, or are obtainable from another source that
is more convenient, less burdensome, or less expensive;
and
``(cc) whether the participant seeking discovery
has had ample opportunity by discovery in the
proceeding or by other means to obtain the information
sought.
``(II) This clause shall not apply to any proceeding
scheduled to commence after December 31, 2010.
``(vii) In a proceeding under this chapter to determine
royalty rates, the participants entitled to receive
royalties shall collectively be permitted to take no more
than 10 depositions and secure responses to no more than 25
interrogatories, and the participants obligated to pay
royalties shall collectively be permitted to take no more
than 10 depositions and secure responses to no more than 25
interrogatories. The Copyright Royalty Judges shall resolve
any disputes among similarly aligned participants to
allocate the number of depositions or interrogatories
permitted under this clause.
``(viii) The rules and practices in effect on the day
before the effective date of the Copyright Royalty and
Distribution Reform Act of 2004, relating to discovery in
proceedings under this chapter to determine the
distribution of royalty fees, shall continue to apply to
such proceedings on and after such effective date.
``(ix) In proceedings to determine royalty rates, the
Copyright Royalty Judges may issue a subpoena commanding a
participant or witness to appear and give testimony, or to
produce and permit inspection of documents or tangible
things, if the Copyright Royalty Judges' resolution of the
proceeding would be substantially impaired by the absence
of such testimony or production of documents or tangible
things. Such subpoena shall specify with reasonable
particularity the materials to be produced or the scope and
nature of the required testimony. Nothing in this clause
shall preclude the Copyright Royalty Judges from requesting
the production by a nonparticipant of information or
materials relevant to the resolution by the Copyright
Royalty Judges of a material issue of fact.
``(x) The Copyright Royalty Judges shall order a
settlement conference among the participants in the
proceeding to facilitate the presentation of offers of
settlement among the participants. The settlement
conference shall be held during a 21-day period following
the end of the discovery period and shall take place
outside the presence of the Copyright Royalty Judges.
``(xi) No evidence, including exhibits, may be
submitted in the written direct statement or written
rebuttal statement of a participant without a sponsoring
witness, except where the Copyright Royalty Judges have
taken official notice, or in the case of incorporation by
reference of past records, or for good cause shown.
``(c) Determination of Copyright Royalty Judges.--
``(1) Timing.--The Copyright Royalty Judges shall issue their
determination in a proceeding not later than 11 months after the
conclusion of the 21-day settlement conference period under
subsection (b)(6)(C)(x), but, in the case of a proceeding to
determine successors to rates or terms that expire on a specified
date, in no event later than 15 days before the expiration of the
then current statutory rates and terms.
``(2) Rehearings.--
``(A) In general.--The Copyright Royalty Judges may, in
exceptional cases, upon motion of a participant in a proceeding
under subsection (b)(2), order a rehearing, after the
determination in the proceeding is issued under paragraph (1),
on such matters as the Copyright Royalty Judges determine to be
appropriate.
``(B) Timing for filing motion.--Any motion for a rehearing
under subparagraph (A) may only be filed within 15 days after
the date on which the Copyright Royalty Judges deliver to the
participants in the proceeding their initial determination
concerning rates and terms.
``(C) Participation by opposing party not required.--In any
case in which a rehearing is ordered, any opposing party shall
not be required to participate in the rehearing, except that
nonparticipation may give rise to the limitations with respect
to judicial review provided for in subsection (d)(1).
``(D) No negative inference.--No negative inference shall
be drawn from lack of participation in a rehearing.
``(E) Continuity of rates and terms.--(i) If the decision
of the Copyright Royalty Judges on any motion for a rehearing
is not rendered before the expiration of the statutory rates
and terms that were previously in effect, in the case of a
proceeding to determine successors to rates and terms that
expire on a specified date, then--
``(I) the initial determination of the Copyright
Royalty Judges that is the subject of the rehearing motion
shall be effective as of the day following the date on
which the rates and terms that were previously in effect
expire; and
``(II) in the case of a proceeding under section
114(f)(1)(C) or 114(f)(2)(C), royalty rates and terms
shall, for purposes of section 114(f)(4)(B), be deemed to
have been set at those rates and terms contained in the
initial determination of the Copyright Royalty Judges that
is the subject of the rehearing motion, as of the date of
that determination.
``(ii) The pendency of a motion for a rehearing under this
paragraph shall not relieve persons obligated to make royalty
payments who would be affected by the determination on that
motion from providing the statements of account and any reports
of use, to the extent required, and paying the royalties
required under the relevant determination or regulations.
``(iii) Notwithstanding clause (ii), whenever royalties
described in clause (ii) are paid to a person other than the
Copyright Office, the entity designated by the Copyright
Royalty Judges to which such royalties are paid by the
copyright user (and any successor thereto) shall, within 60
days after the motion for rehearing is resolved or, if the
motion is granted, within 60 days after the rehearing is
concluded, return any excess amounts previously paid to the
extent necessary to comply with the final determination of
royalty rates by the Copyright Royalty Judges. Any underpayment
of royalties resulting from a rehearing shall be paid within
the same period.
``(3) Contents of determination.--A determination of the
Copyright Royalty Judges shall be supported by the written record
and shall set forth the findings of fact relied on by the Copyright
Royalty Judges. Among other terms adopted in a determination, the
Copyright Royalty Judges may specify notice and recordkeeping
requirements of users of the copyrights at issue that apply in lieu
of those that would otherwise apply under regulations.
``(4) Continuing jurisdiction.--The Copyright Royalty Judges
may, with the approval of the Register of Copyrights, issue an
amendment to a written determination to correct any technical or
clerical errors in the determination or to modify the terms, but
not the rates, of royalty payments in response to unforeseen
circumstances that would frustrate the proper implementation of
such determination. Such amendment shall be set forth in a written
addendum to the determination that shall be distributed to the
participants of the proceeding and shall be published in the
Federal Register.
``(5) Protective order.--The Copyright Royalty Judges may issue
such orders as may be appropriate to protect confidential
information, including orders excluding confidential information
from the record of the determination that is published or made
available to the public, except that any terms or rates of royalty
payments or distributions may not be excluded.
``(6) Publication of determination.--By no later than the end
of the 60-day period provided in section 802(f)(1)(D), the
Librarian of Congress shall cause the determination, and any
corrections thereto, to be published in the Federal Register. The
Librarian of Congress shall also publicize the determination and
corrections in such other manner as the Librarian considers
appropriate, including, but not limited to, publication on the
Internet. The Librarian of Congress shall also make the
determination, corrections, and the accompanying record available
for public inspection and copying.
``(7) Late payment.--A determination of Copyright Royalty
Judges may include terms with respect to late payment, but in no
way shall such terms prevent the copyright holder from asserting
other rights or remedies provided under this title.
``(d) Judicial Review.--
``(1) Appeal.--Any determination of the Copyright Royalty
Judges under subsection (c) may, within 30 days after the
publication of the determination in the Federal Register, be
appealed, to the United States Court of Appeals for the District of
Columbia Circuit, by any aggrieved participant in the proceeding
under subsection (b)(2) who fully participated in the proceeding
and who would be bound by the determination. Any participant that
did not participate in a rehearing may not raise any issue that was
the subject of that rehearing at any stage of judicial review of
the hearing determination. If no appeal is brought within that 30-
day period, the determination of the Copyright Royalty Judges shall
be 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 paragraph (2).
``(2) Effect of rates.--
``(A) Expiration on specified date.--When this title
provides that the royalty rates and terms that were previously
in effect are to expire on a specified date, any adjustment or
determination by the Copyright Royalty Judges of successor
rates and terms for an ensuing statutory license period shall
be effective as of the day following the date of expiration of
the rates and terms that were previously in effect, even if the
determination of the Copyright Royalty Judges is rendered on a
later date. A licensee shall be obligated to continue making
payments under the rates and terms previously in effect until
such time as rates and terms for the successor period are
established. Whenever royalties pursuant to this section are
paid to a person other than the Copyright Office, the entity
designated by the Copyright Royalty Judges to which such
royalties are paid by the copyright user (and any successor
thereto) shall, within 60 days after the final determination of
the Copyright Royalty Judges establishing rates and terms for a
successor period or the exhaustion of all rehearings or appeals
of such determination, if any, return any excess amounts
previously paid to the extent necessary to comply with the
final determination of royalty rates. Any underpayment of
royalties by a copyright user shall be paid to the entity
designated by the Copyright Royalty Judges within the same
period.
``(B) Other cases.--In cases where rates and terms have
not, prior to the inception of an activity, been established
for that particular activity under the relevant license, such
rates and terms shall be retroactive to the inception of
activity under the relevant license covered by such rates and
terms. In other cases where rates and terms do not expire on a
specified date, successor rates and terms shall take effect on
the first day of the second month that begins after the
publication of the determination of the Copyright Royalty
Judges in the Federal Register, except as otherwise provided in
this title, or by the Copyright Royalty Judges, or as agreed by
the participants in a proceeding that would be bound by the
rates and terms. Except as otherwise provided in this title,
the rates and terms, to the extent applicable, shall remain in
effect until such successor rates and terms become effective.
``(C) Obligation to make payments.--
``(i) The pendency of an appeal under this subsection
shall not relieve persons obligated to make royalty
payments under section 111, 112, 114, 115, 116, 118, 119,
or 1003, who would be affected by the determination on
appeal, from--
``(I) providing the statements of account and any
report of use; and
``(II) paying the royalties required under the
relevant determination or regulations.
``(ii) Notwithstanding clause (i), whenever royalties
described in clause (i) are paid to a person other than the
Copyright Office, the entity designated by the Copyright
Royalty Judges to which such royalties are paid by the
copyright user (and any successor thereto) shall, within 60
days after the final resolution of the appeal, return any
excess amounts previously paid (and interest thereon, if
ordered pursuant to paragraph (3)) to the extent necessary to
comply with the final determination of royalty rates on appeal.
Any underpayment of royalties resulting from an appeal (and
interest thereon, if ordered pursuant to paragraph (3)) shall
be paid within the same period.
``(3) Jurisdiction of court.--If the court, pursuant to section
706 of title 5, modifies or vacates a determination of the
Copyright Royalty Judges, the court may enter its own determination
with respect to the amount or distribution of royalty fees and
costs, and order the repayment of any excess fees, the payment of
any underpaid fees, and the payment of interest pertaining
respectively thereto, in accordance with its final judgment. The
court may also vacate the determination of the Copyright Royalty
Judges and remand the case to the Copyright Royalty Judges for
further proceedings in accordance with subsection (a).
``(e) Administrative Matters.--
``(1) Deduction of costs of library of congress and copyright
office from filing fees.--
``(A) Deduction from filing fees.--The Librarian of
Congress may, to the extent not otherwise provided under this
title, deduct from the filing fees collected under subsection
(b) for a particular proceeding under this chapter the
reasonable costs incurred by the Librarian of Congress, the
Copyright Office, and the Copyright Royalty Judges in
conducting that proceeding, other than the salaries of the
Copyright Royalty Judges and the 3 staff members appointed
under section 802(b).
``(B) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
pay the costs incurred under this chapter not covered by the
filing fees collected under subsection (b). All funds made
available pursuant to this subparagraph shall remain available
until expended.
``(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.
``Sec. 804. Institution of proceedings
``(a) Filing of Petition.--With respect to proceedings referred to
in paragraphs (1) and (2) of section 801(b) concerning the
determination or adjustment of royalty rates as provided in sections
111, 112, 114, 115, 116, 118, 119, and 1004, during the calendar years
specified in the schedule set forth in subsection (b), any owner or
user of a copyrighted work whose royalty rates are specified by this
title, or are established under this chapter before or after the
enactment of the Copyright Royalty and Distribution Reform Act of 2004,
may file a petition with the Copyright Royalty Judges declaring that
the petitioner requests a determination or adjustment of the rate. The
Copyright Royalty Judges shall make a determination as to whether the
petitioner has such a significant interest in the royalty rate in which
a determination or adjustment is requested. If the Copyright Royalty
Judges determine that the petitioner has such a significant interest,
the Copyright Royalty Judges shall cause notice of this determination,
with the reasons for such determination, to be published in the Federal
Register, together with the notice of commencement of proceedings under
this chapter. With respect to proceedings under paragraph (1) of
section 801(b) concerning the determination or adjustment of royalty
rates as provided in sections 112 and 114, during the calendar years
specified in the schedule set forth in subsection (b), the Copyright
Royalty Judges shall cause notice of commencement of proceedings under
this chapter to be published in the Federal Register as provided in
section 803(b)(1)(A).
``(b) Timing of Proceedings.--
``(1) Section 111 proceedings.--(A) A petition described in
subsection (a) to initiate proceedings under section 801(b)(2)
concerning the adjustment of royalty rates under section 111 to
which subparagraph (A) or (D) of section 801(b)(2) applies may be
filed during the year 2005 and in each subsequent fifth calendar
year.
``(B) In order to initiate proceedings under section 801(b)(2)
concerning the adjustment of royalty rates under section 111 to
which subparagraph (B) or (C) of section 801(b)(2) applies, within
12 months after an event described in either of those subsections,
any owner or user of a copyrighted work whose royalty rates are
specified by section 111, or by a rate established under this
chapter before or after the enactment of the Copyright Royalty and
Distribution Reform Act of 2004, may file a petition with the
Copyright Royalty Judges declaring that the petitioner requests an
adjustment of the rate. The Copyright Royalty Judges shall then
proceed as set forth in subsection (a) of this section. Any change
in royalty rates made under this chapter pursuant to this
subparagraph may be reconsidered in the year 2005, and each fifth
calendar year thereafter, in accordance with the provisions in
section 801(b)(3) (B) or (C), as the case may be. A petition for
adjustment of rates established by section 111(d)(1)(B) as a result
of a change is the rules and regulations of the Federal
Communications Commission shall set forth the change on which the
petition is based.
``(C) Any adjustment of royalty rates under section 111 shall
take effect as of the first accounting period commencing after the
publication of the determination of the Copyright Royalty Judges in
the Federal Register, or on such other date as is specified in that
determination.
``(2) Certain section 112 proceedings.--Proceedings under this
chapter shall be commenced in the year 2007 to determine reasonable
terms and rates of royalty payments for the activities described in
section 112(e)(1) relating to the limitation on exclusive rights
specified by section 114(d)(1)(C)(iv), to become effective on
January 1, 2009. Such proceedings shall be repeated in each
subsequent fifth calendar year.
``(3) Section 114 and corresponding 112 proceedings.--
``(A) For eligible nonsubscription services and new
subscription services.--Proceedings under this chapter shall be
commenced as soon as practicable after the effective date of
the Copyright Royalty and Distribution Reform Act of 2004 to
determine reasonable terms and rates of royalty payments under
sections 114 and 112 for the activities of eligible
nonsubscription transmission services and new subscription
services, to be effective for the period beginning on January
1, 2006, and ending on December 31, 2010. Such proceedings
shall next be commenced in January 2009 to determine reasonable
terms and rates of royalty payments, to become effective on
January 1, 2011. Thereafter, such proceedings shall be repeated
in each subsequent fifth calendar year.
``(B) For preexisting subscription and satellite digital
audio radio services.--Proceedings under this chapter shall be
commenced in January 2006 to determine reasonable terms and
rates of royalty payments under sections 114 and 112 for the
activities of preexisting subscription services, to be
effective during the period beginning on January 1, 2008, and
ending on December 31, 2012, and preexisting satellite digital
audio radio services, to be effective during the period
beginning on January 1, 2007, and ending on December 31, 2012.
Such proceedings shall next be commenced in 2011 to determine
reasonable terms and rates of royalty payments, to become
effective on January 1, 2013. Thereafter, such proceedings
shall be repeated in each subsequent fifth calendar year.
``(C)(i) Notwithstanding any other provision of this
chapter, this subparagraph shall govern proceedings commenced
pursuant to section 114(f)(1)(C) and 114(f)(2)(C) concerning
new types of services.
``(ii) Not later than 30 days after a petition to determine
rates and terms for a new type of service that is filed by any
copyright owner of sound recordings, or such new type of
service, indicating that such new type of service is or is
about to become operational, the Copyright Royalty Judges shall
issue a notice for a proceeding to determine rates and terms
for such service.
``(iii) The proceeding shall follow the schedule set forth
in such subsections (b), (c), and (d) of section 803, except
that--
``(I) the determination shall be issued by not later
than 24 months after the publication of the notice under
clause (ii); and
``(II) the decision shall take effect as provided in
subsections (c)(2) and (d)(2) of section 803 and section
114(f)(4)(B)(ii) and (C).
``(iv) The rates and terms shall remain in effect for the
period set forth in section 114(f)(1)(C) or 114(f)(2)(C), as
the case may be.
``(4) Section 115 proceedings.--A petition described in
subsection (a) to initiate proceedings under section 801(b)(1)
concerning the adjustment or determination of royalty rates as
provided in section 115 may be filed in the year 2006 and in each
subsequent fifth calendar year, or at such other times as the
parties have agreed under section 115(c)(3) (B) and (C).
``(5) Section 116 proceedings.--(A) A petition described in
subsection (a) to initiate proceedings under section 801(b)
concerning the determination of royalty rates and terms as provided
in section 116 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 Copyright Royalty Judges shall,
upon petition filed under paragraph (1) within 1 year after such
termination or expiration, commence a proceeding to promptly
establish an interim royalty rate or rates for the public
performance by means of a coin-operated phonorecord player of
nondramatic 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 Copyright Royalty Judges, in accordance with section 803, to
adjust the royalty rates applicable to such works, or until
superseded by a new negotiated license agreement, as provided in
section 116(b).
``(6) Section 118 proceedings.--A petition described in
subsection (a) to initiate proceedings under section 801(b)(1)
concerning the determination of reasonable terms and rates of
royalty payments as provided in section 118 may be filed in the
year 2006 and in each subsequent fifth calendar year.
``(7) Section 1004 proceedings.--A petition described in
subsection (a) to initiate proceedings under section 801(b)(1)
concerning the adjustment of reasonable royalty rates under section
1004 may be filed as provided in section 1004(a)(3).
``(8) Proceedings concerning distribution of royalty fees.--
With respect to proceedings under section 801(b)(3) concerning the
distribution of royalty fees in certain circumstances under section
111, 119, or 1007, the Copyright Royalty Judges shall, upon a
determination that a controversy exists concerning such
distribution, cause to be published in the Federal Register notice
of commencement of proceedings under this chapter.
``Sec. 805. General rule for voluntarily negotiated agreements
``Any rates or terms under this title that--
``(1) are agreed to by participants to a proceeding under
section 803(b)(3),
``(2) are adopted by the Copyright Royalty Judges as part of a
determination under this chapter, and
``(3) are in effect for a period shorter than would otherwise
apply under a determination pursuant to this chapter,
shall remain in effect for such period of time as would otherwise apply
under such determination, except that the Copyright Royalty Judges
shall adjust the rates pursuant to the voluntary negotiations to
reflect national monetary inflation during the additional period the
rates remain in effect.''.
(b) Conforming Amendment.--The table of chapters for title 17,
United States Code, is amended by striking the item relating to chapter
8 and inserting the following:
``8. Proceedings by Copyright Royalty Judges......................801''.
SEC. 4. DEFINITION.
Section 101 is amended by inserting after the definition of
``copies'' the following:
``A `Copyright Royalty Judge' is a Copyright Royalty Judge
appointed under section 802 of this title, and includes any
individual serving as an interim Copyright Royalty Judge under such
section.''.
SEC. 5. TECHNICAL AMENDMENTS.
(a) Cable Rates.--Section 111(d) is amended--
(1) in paragraph (2), in the second sentence, by striking ``a
copyright arbitration royalty panel'' and inserting ``the Copyright
Royalty Judges.''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``Librarian of
Congress'' each place it appears and inserting ``Copyright
Royalty Judges'';
(B) in subparagraph (B)--
(i) in the first sentence, by striking ``Librarian of
Congress shall, upon the recommendation of the Register of
Copyrights,'' and inserting ``Copyright Royalty Judges
shall'';
(ii) in the second sentence, by striking ``Librarian
determines'' and inserting ``Copyright Royalty Judges
determine''; and
(iii) in the third sentence--
(I) by striking ``Librarian'' each place it appears
and inserting ``Copyright Royalty Judges''; and
(II) by striking ``convene a copyright arbitration
royalty panel'' and inserting ``conduct a proceeding'';
and
(C) in subparagraph (C), by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''.
(b) Ephemeral Recordings.--Section 112(e) is amended--
(1) in paragraph (3)--
(A) by amending the first sentence to read as follows:
``Proceedings under chapter 8 shall determine reasonable rates
and terms of royalty payments for the activities specified by
paragraph (1) during the 5-year period beginning on January 1
of the second year following the year in which the proceedings
are to be commenced, or such other period as the parties may
agree.'';
(B) in the third sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(C) in the fourth sentence, by striking ``negotiation'';
(2) in paragraph (4)--
(A) by amending the first sentence to read as follows:
``The schedule of reasonable rates and terms determined by the
Copyright Royalty Judges shall, subject to paragraph (5), be
binding on all copyright owners of sound recordings and
transmitting organizations entitled to a statutory license
under this subsection during the 5-year period specified in
paragraph (3), or such other period as the parties may
agree.'';
(B) by striking ``copyright arbitration royalty panel''
each subsequent place it appears and inserting ``Copyright
Royalty Judges'';
(C) in the fourth sentence, by striking ``its decision''
and inserting ``their decision'';
(D) in the fifth sentence, by striking ``negotiated as
provided'' and inserting ``described''; and
(E) in the last sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges'';
(3) in paragraph (5), by striking ``determination by a
copyright arbitration royalty panel or decision by the Librarian of
Congress'' and inserting ``decision by the Librarian of Congress or
determination by the Copyright Royalty Judges'';
(4) by striking paragraph (6) and redesignating paragraphs (7),
(8), and (9), as paragraphs (6), (7), and (8), respectively; and
(5) in paragraph (6)(A), as so redesignated, by striking
``Librarian of Congress'' and inserting ``Copyright Royalty
Judges''.
(c) Scope of Exclusive Rights in Sound Recordings.--Section 114(f)
is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by amending the first sentence to read as follows:
``Proceedings under chapter 8 shall determine reasonable
rates and terms of royalty payments for subscription
transmissions by preexisting subscription services and
transmissions by preexisting satellite digital audio radio
services specified by subsection (d)(2) during the 5-year
period beginning on January 1 of the second year following
the year in which the proceedings are to be commenced,
except where a different transitional period is provided
under section 6(b)(3) of the Copyright Royalty and
Distribution Reform Act of 2004 or such other period.'';
(ii) in the third sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(iii) in the fourth sentence, by striking
``negotiation'';
(B) in subparagraph (B)--
(i) by amending the first sentence to read as follows:
``The schedule of reasonable rates and terms determined by
the Copyright Royalty Judges shall, subject to paragraph
(3), be binding on all copyright owners of sound recordings
and entities performing sound recordings affected by this
paragraph during the 5-year period specified in
subparagraph (A), a transitional period provided under
section 6(b)(3) of the Copyright Royalty and Distribution
Reform Act of 2004, or such other period as the parties may
agree.'';
(ii) in the second sentence, by striking ``copyright
arbitration royalty panel'' and inserting ``Copyright
Royalty Judges''; and
(iii) in the second sentence, by striking ``negotiated
as provided'' and inserting ``described''; and
(C) by amending subparagraph (C) to read as follows:
``(C) The procedures under subparagraphs (A) and (B) also shall
be initiated pursuant to a petition filed by any copyright owners
of sound recordings, any preexisting subscription services, or any
preexisting satellite digital audio radio services indicating that
a new type of subscription digital audio transmission service on
which sound recordings are performed is or is about to become
operational, for the purpose of determining reasonable terms and
rates of royalty payments with respect to such new type of
transmission service for the period beginning with the inception of
such new type of service and ending on the date on which the
royalty rates and terms for subscription digital audio transmission
services most recently determined under subparagraph (A) or (B) and
chapter 8 expire, or such other period as the parties may agree.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by amending the first paragraph to read as follows:
``Proceedings under chapter 8 shall determine reasonable
rates and terms of royalty payments for subscription
transmissions by eligible nonsubscription transmission
services and transmissions by new subscription services
specified by subsection (d)(2) during the 5-year period
beginning on January 1 of the second year following the
year in which the proceedings are to be commenced, except
where a different transitional period is provided under
section 6(b)(3) of the Copyright Royalty and Distribution
Reform Act of 2004, or such other period as the parties may
agree.'';
(ii) in the third sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(iii) in the fourth sentence, by striking
``negotiation'';
(B) in subparagraph (B)--
(i) by amending the first sentence to read as follows:
``The schedule of reasonable rates and terms determined by
the Copyright Royalty Judges shall, subject to paragraph
(3), be binding on all copyright owners of sound recordings
and entities performing sound recordings affected by this
paragraph during the 5-year period specified in
subparagraph (A), a transitional period provided under
section 6(b)(3) of the Copyright Royalty and Distribution
Act of 2004, or such other period as the parties may
agree.'';
(ii) by striking ``copyright arbitration royalty
panel'' each subsequent place it appears and inserting
``Copyright Royalty Judges''; and
(iii) in the last sentence by striking ``negotiated as
provided'' and inserting ``described in''; and
(C) by amending subparagraph (C) to read as follows:
``(C) The procedures under subparagraphs (A) and (B) shall also
be initiated pursuant to a petition filed by any copyright owners
of sound recordings or any eligible nonsubscription service or new
subscription service indicating that a new type of eligible
nonsubscription service or new subscription service on which sound
recordings are performed is or is about to become operational, for
the purpose of determining reasonable terms and rates of royalty
payments with respect to such new type of service for the period
beginning with the inception of such new type of service and ending
on the date on which the royalty rates and terms for preexisting
subscription digital audio transmission services or preexisting
satellite digital radio audio services, as the case may be, most
recently determined under subparagraph (A) or (B) and chapter 8
expire, or such other period as the parties may agree.'';
(3) in paragraph (3), by striking ``determination by a
copyright arbitration royalty panel or decision by the Librarian of
Congress'' and inserting ``decision by the Librarian of Congress or
determination by the Copyright Royalty Judges''; and
(4) in paragraph (4)--
(A) by striking ``Librarian of Congress'' each place it
appears and inserting ``Copyright Royalty Judges''; and
(B) by adding after the first sentence of subparagraph (A)
the following: ``The notice and recordkeeping rules in effect
on the day before the effective date of the Copyright Royalty
and Distribution Reform Act of 2004 shall remain in effect
unless and until new regulations are promulgated by the
Copyright Royalty Judges. If new regulations are promulgated
under this subparagraph, the Copyright Royalty Judges shall
take into account the substance and effect of the rules in
effect on the day before the effective date of the Copyright
Royalty and Distribution Reform Act of 2004 and shall, to the
extent practicable, avoid significant disruption of the
functions of any designated agent authorized to collect and
distribute royalty fees.''.
(d) Phonorecords of Nondramatic Musical Works.--Section 115(c)(3)
is amended--
(1) in subparagraph (A)(ii), by striking ``(F)'' and inserting
``(E)'';
(2) in subparagraph (B)--
(A) by striking ``under this paragraph'' and inserting
``under this section'';
(B) by inserting ``on a nonexclusive basis'' after ``common
agents''; and
(C) by striking ``subparagraphs (C) through (F)'' and
inserting ``this subparagraph and subparagraphs (C) through
(E)''; and
(3) in subparagraph (C)--
(A) by amending the first sentence to read as follows:
``Proceedings under chapter 8 shall determine reasonable rates
and terms of royalty payments for the activities specified by
this section during the period beginning with the effective
date of such rates and terms, but not earlier than January 1 of
the second year following the year in which the petition
requesting the proceeding is filed, and ending on the effective
date of successor rates and terms, or such other period as the
parties may agree.'';
(B) in the third sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(C) in the fourth sentence, by striking ``negotiation'';
(4) in subparagraph (D)--
(A) by amending the first sentence to read as follows:
``The schedule of reasonable rates and terms determined by the
Copyright Royalty Judges shall, subject to subparagraph (E), be
binding on all copyright owners of nondramatic musical works
and persons entitled to obtain a compulsory license under
subsection (a)(1) during the period specified in subparagraph
(C), such other period as may be determined pursuant to
subparagraphs (B) and (C), or such other period as the parties
may agree.'';
(B) in the third sentence, by striking ``copyright
arbitration royalty panel'' and inserting ``Copyright Royalty
Judges'';
(C) in the third sentence, by striking ``negotiated as
provided in subparagraphs (B) and (C)'' and inserting
``described''; and
(D) in the last sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''.
(5) in subparagraph (E)--
(A) in clause (i)--
(i) in the first sentence, by striking ``Librarian of
Congress'' and inserting ``Librarian of Congress and
Copyright Royalty Judges''; and
(ii) in the second sentence, by striking ``(C), (D) or
(F) shall be given effect'' and inserting ``(C) or (D)
shall be given effect as to digital phonorecord
deliveries''; and
(B) in clause (ii)(I), by striking ``(C), (D) or (F)'' each
place it appears and inserting ``(C) or (D)''; and
(6) by striking subparagraph (F) and redesignating
subparagraphs (G) through (L) as subparagraphs (F) through (K),
respectively.
(e) Coin-Operated Phonorecord Players.--Section 116 is amended--
(1) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) Chapter 8 proceeding.--Parties not subject to such a
negotiation may have the terms and rates and the division of fees
described in paragraph (1) determined in a proceeding in accordance
with the provisions of chapter 8.''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Copyright
Arbitration Royalty Panel Determinations'' and inserting
``Determinations by Copyright Royalty Judges''; and
(B) by striking ``a copyright arbitration royalty panel''
and inserting ``the Copyright Royalty Judges''.
(f) Use of Certain Works in Connection With Noncommercial
Broadcasting.--Section 118 is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(ii) by striking the second and third sentences;
(B) in paragraph (2), by striking ``Librarian of
Congress:'' and all that follows through the end of the
sentence and inserting ``Librarian of Congress or the Copyright
Royalty Judges, if copies of such agreements are filed with the
Copyright Royalty Judges within 30 days of execution in
accordance with regulations that the Copyright Royalty Judges
shall issue.''; and
(C) in paragraph (3)--
(i) in the second sentence--
(I) by striking ``copyright arbitration royalty
panel'' and inserting ``Copyright Royalty Judges''; and
(II) by striking ``paragraph (2).'' and inserting
``paragraph (2) or (3).'';
(ii) in the last sentence, by striking ```Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(iii) by striking ``(3) In'' and all that follows
through the end of the first sentence and inserting the
following:
``(3) Voluntary negotiation proceedings initiated pursuant to a
petition filed under section 804(a) for the purpose of determining
a schedule of terms and rates of royalty payments by public
broadcasting entities to copyright owners in works specified by
this subsection and the proportionate division of fees paid among
various copyright owners shall cover the 5-year period beginning on
January 1 of the second year following the year in which the
petition is filed. The parties to each negotiation proceeding shall
bear their own costs.
``(4) In the absence of license agreements negotiated under
paragraph (2) or (3), the Copyright Royalty Judges shall, pursuant
to chapter 8, conduct a proceeding 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 Copyright Royalty Judges.'';
(2) by striking subsection (c) and redesignating subsections
(d) through (g) as subsections (c) through (f), respectively;
(3) in subsection (c), as so redesignated, in the matter
preceding paragraph (1)--
(A) by striking ``(b)(2)'' and inserting ``(b)(2) or (3)'';
(B) by striking ``(b)(3)'' and inserting ``(b)(4)''; and
(C) by striking ``a copyright arbitration royalty panel
under subsection (b)(3)'' and inserting ``the Copyright Royalty
Judges under subsection (b)(3), to the extent that they were
accepted by the Librarian of Congress'';
(4) in subsection (d), as so redesignated--
(A) by striking ``in the Copyright Office'' and inserting
``with the Copyright Royalty Judges''; and
(B) by striking ``Register of Copyrights shall prescribe''
and inserting ``Copyright Royalty Judges shall prescribe as
provided in section 803(b)(6)''; and
(5) in subsection (f), as so redesignated, by striking ``(d)''
and inserting ``(c)''.
(g) Secondary Transmissions by Satellite Carriers.--Section 119(b)
is amended--
(1) in paragraph (3), by striking ``Librarian of Congress'' and
inserting ``Copyright Royalty Judges''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``Librarian of
Congress'' each place it appears and inserting ``Copyright
Royalty Judges''; and
(B) by amending subparagraphs (B) and (C) to read as
follows:
``(B) Determination of controversy; distributions.--After
the first day of August of each year, the Copyright Royalty
Judges shall determine whether there exists a controversy
concerning the distribution of royalty fees. If the Copyright
Royalty Judges determine that no such controversy exists, the
Librarian of Congress shall, after deducting reasonable
administrative costs under this paragraph, distribute such fees
to the copyright owners entitled to receive them, or to their
designated agents. If the Copyright Royalty Judges find the
existence of a controversy, the Copyright Royalty Judges shall,
pursuant to chapter 8 of this title, conduct a proceeding to
determine the distribution of royalty fees.
``(C) Withholding of fees during controversy.--During the
pendency of any proceeding under this subsection, the Copyright
Royalty Judges shall withhold from distribution an amount
sufficient to satisfy all claims with respect to which a
controversy exists, but shall have the discretion to proceed to
distribute any amounts that are not in controversy.''.
(h) Ratemaking for Satellite Carriers.--Section 119(c) of title 17,
United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(B) in subparagraph (C), by striking ``Register of
Copyrights shall prescribe'' and inserting ``Copyright Royalty
Judges shall prescribe as provided in section 803(b)(6); and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``arbitration proceedings'' and
inserting ``proceedings''; and
(ii) by striking ``arbitration proceeding'' and
inserting ``proceedings'';
(B) in subparagraph (B)--
(i) by striking ``copyright arbitration royalty panel
appointed under chapter 8'' and inserting ``Copyright
Royalty Judges''; and
(ii) by striking ``panel shall base its decision'' and
inserting ``Copyright Royalty Judges shall base their
determination''; and
(C) in subparagraph (C)--
(i) in the heading, by striking ``decision of
arbitration panel or order of librarian'' and inserting
``determination under chapter 8''; and
(ii) by striking clauses (i) and (ii) and inserting the
following:
``(i) is made by the Copyright Royalty Judges pursuant
to this paragraph and becomes final, or
``(ii) is made by the court on appeal under section
803(d)(3),''.
(i) Digital Audio Recording Devices.--
(1) Royalty payments.--Section 1004(a)(3) is amended by
striking ``Librarian of Congress'' each place it appears and
inserting ``Copyright Royalty Judges''.
(2) Entitlement to royalty payments.--Section 1006(c) is
amended by striking ``Librarian of Congress shall convene a
copyright arbitration royalty panel which'' and inserting
``Copyright Royalty Judges''.
(3) Procedures for distributing royalty payments.--Section 1007
is amended--
(A) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) Filing of claims.--During the first 2 months of each
calendar year, every interested copyright party seeking to receive
royalty payments to which such party is entitled under section 1006
shall file with the Copyright Royalty Judges a claim for payments
collected during the preceding year in such form and manner as the
Copyright Royalty Judges shall prescribe by regulation.''; and
(B) by amending subsections (b) and (c) to read as follows:
``(b) Distribution of Payments in the Absence of a Dispute.--After
the period established for the filing of claims under subsection (a),
in each year, the Copyright Royalty Judges shall determine whether
there exists a controversy concerning the distribution of royalty
payments under section 1006(c). If the Copyright Royalty Judges
determine that no such controversy exists, the Librarian of Congress
shall, within 30 days after such determination, authorize the
distribution of the royalty payments as set forth in the agreements
regarding the distribution of royalty payments entered into pursuant to
subsection (a). The Librarian of Congress shall, before such royalty
payments are distributed, deduct the reasonable administrative costs
incurred by the Librarian under this section.
``(c) Resolution of Disputes.--If the Copyright Royalty Judges find
the existence of a controversy, the Copyright Royalty Judges shall,
pursuant to chapter 8 of this title, conduct a proceeding to determine
the distribution of royalty payments. During the pendency of such a
proceeding, the Copyright Royalty Judges shall withhold from
distribution an amount sufficient to satisfy all claims with respect to
which a controversy exists, but shall, to the extent feasible,
authorize the distribution of any amounts that are not in controversy.
The Librarian of Congress shall, before such royalty payments are
distributed, deduct the reasonable administrative costs incurred by the
Librarian under this section.''.
(4) Determination of certain disputes.--(A) Section 1010 is
amended to read as follows:
``Sec. 1010. Determination of certain disputes
``(a) Scope of Determination.--Before the date of first
distribution in the United States of a digital audio recording device
or a digital audio interface device, any party manufacturing,
importing, or distributing such device, and any interested copyright
party may mutually agree to petition the Copyright Royalty Judges to
determine whether such device is subject to section 1002, or the basis
on which royalty payments for such device are to be made under section
1003.
``(b) Initiation of Proceedings.--The parties under subsection (a)
shall file the petition with the Copyright Royalty Judges requesting
the commencement of a proceeding. Within 2 weeks after receiving such a
petition, the Chief Copyright Royalty Judge shall cause notice to be
published in the Federal Register of the initiation of the proceeding.
``(c) Stay of Judicial Proceedings.--Any civil action brought under
section 1009 against a party to a proceeding under this section shall,
on application of one of the parties to the proceeding, be stayed until
completion of the proceeding.
``(d) Proceeding.--The Copyright Royalty Judges shall conduct a
proceeding with respect to the matter concerned, in accordance with
such procedures as the Copyright Royalty Judges may adopt. The
Copyright Royalty Judges shall act on the basis of a fully documented
written record. Any party to the proceeding may submit relevant
information and proposals to the Copyright Royalty Judges. The parties
to the proceeding shall each bear their respective costs of
participation.
``(e) Judicial Review.--Any determination of the Copyright Royalty
Judges under subsection (d) may be appealed, by a party to the
proceeding, in accordance with section 803(d) of this title. The
pendency of an appeal under this subsection shall not stay the
determination of the Copyright Royalty Judges. If the court modifies
the determination of the Copyright Royalty Judges, the court shall have
jurisdiction to enter its own decision in accordance with its final
judgment. The court may further vacate the determination of the
Copyright Royalty Judges and remand the case for proceedings as
provided in this section.''.
(B) The item relating to section 1010 in the table of sections
for chapter 10 is amended to read as follows:
``1010. Determination of certain disputes.''.
SEC. 6. EFFECTIVE DATE AND TRANSITION PROVISIONS.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect 6 months after the date of enactment of this Act,
except that the Librarian of Congress shall appoint 1 or more interim
Copyright Royalty Judges under section 802(d) of title 17, United
States Code, as amended by this Act, within 90 days after such date of
enactment to carry out the functions of the Copyright Royalty Judges
under title 17, United States Code, to the extent that Copyright
Royalty Judges provided for in section 801(a) of title 17, United
States Code, as amended by this Act, have not been appointed before the
end of that 90-day period.
(b) Transition Provisions.--
(1) In general.--Subject to paragraphs (2) and (3), the
amendments made by this Act shall not affect any proceedings
commenced, petitions filed, or voluntary agreements entered into
before the effective date provided in subsection (a) under the
provisions of title 17, United States Code, as amended by this Act,
and pending on such effective date. Such proceedings shall
continue, determinations made in such proceedings, and appeals
taken therefrom, as if this Act had not been enacted, and shall
continue in effect until modified under title 17, United States
Code, as amended by this Act. Such petitions filed and voluntary
agreements entered into shall remain in effect as if this Act had
not been enacted. For purposes of this paragraph, the Librarian of
Congress may determine whether a proceeding has commenced. The
Librarian of Congress may terminate any proceeding commenced before
the date of enactment of this Act pursuant to chapter 8 of title
17, United States Code, and any proceeding so terminated shall
become null and void. In such cases, the Copyright Royalty Judges
may initiate a new proceeding in accordance with regulations
adopted pursuant to section 803(b)(6) of title 17, United States
Code.
(2) Certain royalty rate proceedings.--Notwithstanding
paragraph (1), the amendments made by this Act shall not affect
proceedings to determine royalty rates pursuant to section 119(c)
of title 17, United States Code, that are commenced before January
31, 2006.
(3) Pending proceedings.--Notwithstanding paragraph (1), any
proceedings to establish or adjust rates and terms for the
statutory licenses under section 114(f)(2) or 112(e) of title 17,
United States Code, for a statutory period commencing on or after
January 1, 2005, shall be terminated upon the date of enactment of
this Act and shall be null and void. The rates and terms in effect
under section 114(f)(2) or 112(e) of title 17, United States Code,
on December 31, 2004, for new subscription services, eligible
nonsubscription services, and services exempt under section
114(d)(1)(C)(iv) of such title, and the rates and terms published
in the Federal Register under the authority of the Small Webcaster
Settlement Act of 2002 (17 U.S.C. 114 note; Public Law 107-321)
(including the amendments made by that Act) for the years 2003
through 2004, as well as any notice and recordkeeping provisions
adopted pursuant thereto, shall remain in effect until the later of
the first applicable effective date for successor terms and rates
specified in section 804(b) (2) or (3)(A) of title 17, United
States Code, or such later date as the parties may agree or the
Copyright Royalty Judges may establish. For the period commencing
January 1, 2005, an eligible small webcaster or a noncommercial
webcaster, as defined in the regulations published by the Register
of Copyrights pursuant to the Small Webcaster Settlement Act of
2002 (17 U.S.C. 114 note; Public Law 107-321) (including the
amendments made by that Act), may elect to be subject to the rates
and terms published in those regulations by complying with the
procedures governing the election process set forth in those
regulations not later than the first date on which the webcaster
would be obligated to make a royalty payment for such period. Until
successor terms and rates have been established for the period
commencing January 1, 2006, licensees shall continue to make
royalty payments at the rates and on the terms previously in
effect, subject to retroactive adjustment when successor rates and
terms for such services are established.
(4) Interim proceedings.--Notwithstanding subsection (a), as
soon as practicable after the date of enactment of this Act, the
Copyright Royalty Judges or interim Copyright Royalty Judges shall
publish the notice described in section 803(b)(1)(A) of title 17,
United States Code, as amended by this Act, to initiate a
proceeding to establish or adjust rates and terms for the statutory
licenses under section 114(f)(2) or 112(e) of title 17, United
States Code, for new subscription services and eligible
nonsubscription services for the period commencing January 1, 2006.
The Copyright Royalty Judges or Interim Copyright Royalty Judges
are authorized to cause that proceeding to take place as provided
in subsection (b) of section 803 of that title within the time
periods set forth in that subsection. Notwithstanding section
803(c)(1) of that title, the Copyright Royalty Judges shall not be
required to issue their determination in that proceeding before the
expiration of the statutory rates and terms in effect on December
31, 2004.
(c) Existing Appropriations.--Any funds made available in an
appropriations Act to carry out chapter 8 of title 17, United States
Code, shall be available to the extent necessary to carry out this
section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.