[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1036 Enrolled Bill (ENR)]


        H.R.1036

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
  To amend title 17, United States Code, to make technical corrections 
      relating to 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 Judges Program 
Technical Corrections Act''.

SEC. 2. REFERENCE.

    Any reference in this Act to a provision of title 17, United States 
Code, refers to such provision as amended by the Copyright Royalty and 
Distribution Reform Act of 2004 (Public Law 108-419) and the Satellite 
Home Viewer Extension and Reauthorization Act of 2004 (title IX of 
division J of Public Law 108-447).

SEC. 3. AMENDMENTS TO CHAPTER 8 OF TITLE 17, UNITED STATES CODE.

    Chapter 8 of title 17, United States Code, is amended as follows:
        (1) Section 801(b)(1) is amended, in the matter preceding 
    subparagraph (A), by striking ``119 and 1004'' and inserting ``119, 
    and 1004''.
        (2) Section 801 is amended by adding at the end the following:
    ``(f) Effective Date of Actions.--On and after the date of the 
enactment of the Copyright Royalty and Distribution Reform Act of 2004, 
in any case in which time limits are prescribed under this title for 
performance of an action with or by the Copyright Royalty Judges, and 
in which the last day of the prescribed period falls on a Saturday, 
Sunday, holiday, or other nonbusiness day within the District of 
Columbia or the Federal Government, the action may be taken on the next 
succeeding business day, and is effective as of the date when the 
period expired.''.
        (3) Section 802(f)(1)(A) is amended--
            (A) in clause (i), by striking ``clause (ii) of this 
        subparagraph and subparagraph (B)'' and inserting 
        ``subparagraph (B) and clause (ii) of this subparagraph''; and
            (B) by striking clause (ii) and inserting the following:
            ``(ii) One or more Copyright Royalty Judges may, or by 
        motion to the Copyright Royalty Judges, any participant in a 
        proceeding may, request from the Register of Copyrights an 
        interpretation of any material questions of substantive law 
        that relate to the construction of provisions of this title and 
        arise in the course of the proceeding. Any request for a 
        written interpretation shall be in writing and on the record, 
        and reasonable provision shall be made to permit participants 
        in the proceeding to comment on the material questions of 
        substantive law in a manner that minimizes duplication and 
        delay. Except as provided in subparagraph (B), the Register of 
        Copyrights shall deliver to the Copyright Royalty Judges a 
        written response within 14 days after the receipt of all briefs 
        and comments from the participants. The Copyright Royalty 
        Judges shall apply the legal interpretation embodied in the 
        response of the Register of Copyrights if it is timely 
        delivered, and the response shall be included in the record 
        that accompanies the final determination. The authority under 
        this clause shall not be construed to authorize the Register of 
        Copyrights to provide an interpretation of 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 in a proceeding.''.
        (4) Section 802(f)(1)(D) is amended by inserting a comma after 
    ``undertakes to consult with''.
        (5) Section 803(a)(1) is amended--
            (A) by striking ``The Copyright'' and inserting ``The 
        Copyright Royalty Judges shall act in accordance with this 
        title, and to the extent not inconsistent with this title, in 
        accordance with subchapter II of chapter 5 of title 5, in 
        carrying out the purposes set forth in section 801. The 
        Copyright''; and
            (B) by inserting after ``Congress, the Register of 
        Copyrights,'' the following: ``copyright arbitration royalty 
        panels (to the extent those determinations are not inconsistent 
        with a decision of the Librarian of Congress or the Register of 
        Copyrights),''.
        (6) Section 803(b) is amended--
            (A) in paragraph (1)(A)(i)(V)--
                (i) by striking ``in the case of'' and inserting ``the 
            publication of notice requirement shall not apply in the 
            case of''; and
                (ii) by striking ``, such notice may not be 
            published.'';
            (B) in paragraph (2)--
                (i) in subparagraph (A), by striking ``, together with 
            a filing fee of $150'';
                (ii) in subparagraph (B), by striking ``and'' after the 
            semicolon;
                (iii) in subparagraph (C), by striking the period and 
            inserting ``; and''; and
                (iv) by adding at the end the following:
            ``(D) the petition to participate is accompanied by 
        either--
                ``(i) in a proceeding to determine royalty rates, a 
            filing fee of $150; or
                ``(ii) in a proceeding to determine distribution of 
            royalty fees--

                    ``(I) a filing fee of $150; or
                    ``(II) a statement that the petitioner 
                (individually or as a group) will not seek a 
                distribution of more than $1000, in which case the 
                amount distributed to the petitioner shall not exceed 
                $1000.'';

            (C) in paragraph (3)(A)--
                (i) by striking ``(A) In general.--Promptly'' and 
            inserting ``(A) Commencement of proceedings.--
                ``(i) Rate adjustment proceeding.--Promptly''; and
                (ii) by adding at the end the following:
                ``(ii) Distribution proceeding.--Promptly after the 
            date for filing of petitions to participate in a proceeding 
            to determine the distribution of royalties, the Copyright 
            Royalty Judges shall make available to all participants in 
            the proceeding a list of such participants. The initiation 
            of a voluntary negotiation period among the participants 
            shall be set at a time determined by the Copyright Royalty 
            Judges.''.
            (D) in paragraph (4)(A), by striking the last sentence; and
            (E) in paragraph (6)(C)--
                (i) in clause (i)--

                    (I) in the first sentence, by inserting ``and 
                written rebuttal statements'' after ``written direct 
                statements'';
                    (II) in the first sentence, by striking ``which 
                may'' and inserting ``which, in the case of written 
                direct statements, may''; and
                    (III) by striking ``clause (iii)'' and inserting 
                ``clause (iv)'';

                (ii) by amending clause (ii)(I) to read as follows:
                ``(ii)(I) Following the submission to the Copyright 
            Royalty Judges of written direct statements and written 
            rebuttal statements by the participants in a proceeding 
            under paragraph (2), the Copyright Royalty Judges, after 
            taking into consideration the views of the participants in 
            the proceeding, shall determine a schedule for conducting 
            and completing discovery.'';
                (iii) by amending clause (iv) to read as follows:
                ``(iv) Discovery in connection with written direct 
            statements 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. The 
            Copyright Royalty Judges may order a discovery schedule in 
            connection with written rebuttal statements.''; and
                (iv) by amending clause (x) to read as follows:
                ``(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 60-day discovery period specified in clause (iv) and 
            shall take place outside the presence of the Copyright 
            Royalty Judges.''.
        (7) Section 803(c)(2)(B) is amended by striking ``concerning 
    rates and terms''.
        (8) Section 803(c)(4) is amended by striking ``, with the 
    approval of the Register of Copyrights,''.
        (9) Section 803(c)(7) is amended by striking ``of Copyright'' 
    and inserting ``of the Copyright''.
        (10) Section 803(d)(2)(C)(i)(I) is amended by striking 
    ``statements of account and any report of use'' and inserting 
    ``applicable statements of account and reports of use''.
        (11) Section 803(d)(3) is amended by striking ``If the court, 
    pursuant to section 706 of title 5, modifies'' and inserting 
    ``Section 706 of title 5 shall apply with respect to review by the 
    court of appeals under this subsection. If the court modifies''.
        (12) Section 804(b)(1)(B) is amended--
            (A) by striking ``801(b)(3)(B) or (C)'' and inserting 
        ``801(b)(2)(B) or (C)''; and
            (B) in the last sentence, by striking ``change is'' and 
        inserting ``change in''.
        (13) Section 804(b)(3) is amended--
            (A) in subparagraph (A), by striking ``effective date'' and 
        inserting ``date of enactment''; and
            (B) in subparagraph (C)--
                (i) in clause (ii), by striking ``that is filed'' and 
            inserting ``is filed''; and
                (ii) in clause (iii), by striking ``such subsections 
            (b)'' and inserting ``subsections (b)''.

SEC. 4. ADDITIONAL TECHNICAL AMENDMENTS.

    (a) Distribution of Royalty Fees.--Section 111(d) of title 17, 
United States Code, is amended--
        (1) in the second sentence of paragraph (2), by striking all 
    that follows ``Librarian of Congress'' and inserting ``upon 
    authorization by the Copyright Royalty Judges.'';
        (2) in paragraph (4)--
            (A) in subparagraph (B)--
                (i) by striking the second sentence and inserting the 
            following: ``If the Copyright Royalty Judges determine that 
            no such controversy exists, the Copyright Royalty Judges 
            shall authorize the Librarian of Congress to proceed to 
            distribute such fees to the copyright owners entitled to 
            receive them, or to their designated agents, subject to the 
            deduction of reasonable administrative costs under this 
            section.''; and
                (ii) in the last sentence, by striking ``finds'' and 
            inserting ``find''; and
            (B) by striking subparagraph (C) and inserting the 
        following:
            ``(C) During the pendency of any proceeding under this 
        subsection, the Copyright Royalty Judges shall have the 
        discretion to authorize the Librarian of Congress to proceed to 
        distribute any amounts that are not in controversy.''.
    (b) Sound Recordings.--Section 114(f) of title 17, United States 
Code, is amended--
        (1) in paragraph (1)(A), in the first sentence, by striking 
    ``except where'' and all that follows through the end period and 
    inserting ``except in the case of a different 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.'';
        (2) by amending paragraph (2)(A) to read as follows:
        ``(2)(A) Proceedings under chapter 8 shall determine reasonable 
    rates and terms of royalty payments for public performances of 
    sound recordings by means of eligible nonsubscription transmission 
    services and 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 in the case of a different 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. Such rates and terms shall distinguish among the 
    different types of eligible nonsubscription transmission services 
    and new subscription services then in operation and shall include a 
    minimum fee for each such type of service. Any copyright owners of 
    sound recordings or any entities performing sound recordings 
    affected by this paragraph may submit to the Copyright Royalty 
    Judges licenses covering such eligible nonsubscription 
    transmissions and new subscription services with respect to such 
    sound recordings. The parties to each proceeding shall bear their 
    own costs.''; and
        (3) in paragraph (2)(B), in the last sentence, by striking 
    ``negotiated under'' and inserting ``described in''.
    (c) Phonorecords of Nondramatic Musical Works.--Section 115(c)(3) 
of title 17, United States Code, is amended--
        (1) in subparagraph (B), by striking ``subparagraphs (B) 
    through (F)'' and inserting ``this subparagraph and subparagraphs 
    (C) through (E)'';
        (2) in subparagraph (D), in the third sentence, by inserting 
    ``in subparagraphs (B) and (C)'' after ``described''; and
        (3) in subparagraph (E), in clauses (i) and (ii)(I), by 
    striking ``(C) or (D)'' each place it appears and inserting ``(C) 
    and (D)''.
    (d) Noncommercial Broadcasting.--Section 118 of title 17, United 
States Code, is amended--
        (1) in subsection (b)(3), by striking ``copyright owners in 
    works'' and inserting ``owners of copyright in works''; and
        (2) in subsection (c)--
            (A) in the matter preceding paragraph (1), by striking 
        ``established by'' and all that follows through ``engage'' and 
        inserting ``established by the Copyright Royalty Judges under 
        subsection (b)(4), engage''; and
            (B) in paragraph (1), by striking ``(g)'' and inserting 
        ``(f)''.
    (e) Satellite Carriers.--Section 119 of title 17, United States 
Code, is amended--
        (1) in subsection (b)(4)--
            (A) in subparagraph (B), by striking the second sentence 
        and inserting the following: ``If the Copyright Royalty Judges 
        determine that no such controversy exists, the Copyright 
        Royalty Judges shall authorize the Librarian of Congress to 
        proceed to distribute such fees to the copyright owners 
        entitled to receive them, or to their designated agents, 
        subject to the deduction of reasonable administrative costs 
        under this section.''; and
            (B) by amending subparagraph (C) to read as follows:
            ``(C) Withholding of fees during controversy.--During the 
        pendency of any proceeding under this subsection, the Copyright 
        Royalty Judges shall have the discretion to authorize the 
        Librarian of Congress to proceed to distribute any amounts that 
        are not in controversy.''; and
        (2) in subsection (c)(1)(F)(i), in the last sentence, by 
    striking ``arbitrary'' and inserting ``arbitration''.
    (f) Digital Audio Recording Devices.--Section 1007 of title 17, 
United States Code, is amended--
        (1) in subsection (b)--
            (A) in the second sentence, by striking ``Librarian of 
        Congress'' and inserting ``Copyright Royalty Judges''; and
            (B) in the last sentence, by striking ``by the Librarian''; 
        and
        (2) in subsection (c), in the last sentence, by striking ``by 
    the Librarian''.
    (g) Removal of Inconsistent Provisions.--The amendments contained 
in subsection (h) of section 5 of the Copyright Royalty and 
Distribution Reform Act of 2004 shall be deemed never to have been 
enacted.
    (h) Effective Date.--Section 6(b)(1) of the Copyright Royalty and 
Distribution Reform Act of 2004 (Public Law 108-419) is amended by 
striking ``commenced before the date of enactment of this Act'' and 
inserting ``commenced before the effective date provided in subsection 
(a)''.

SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES.

    Section 801(b)(3)(C) of title 17, United States Code, is amended--
        (1) by striking all that precedes clause (i) and inserting the 
    following:
        ``(C) Notwithstanding section 804(b)(8), the Copyright Royalty 
    Judges, at any time after the filing of claims under section 111, 
    119, or 1007, may, upon motion of one or more of the claimants and 
    after publication in the Federal Register of a request for 
    responses to the motion from interested claimants, make a partial 
    distribution of such fees, if, based upon all responses received 
    during the 30-day period beginning on the date of such publication, 
    the Copyright Royalty Judges conclude that no claimant entitled to 
    receive such fees has stated a reasonable objection to the partial 
    distribution, and all such claimants--''; and
        (2) in clause (i), by striking ``such'' and inserting ``the''.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--Except as provided under subsection (b), this Act 
and the amendments made by this Act shall be effective as if included 
in the Copyright Royalty and Distribution Reform Act of 2004.
    (b) Partial Distribution of Royalty Fees.--Section 5 shall take 
effect on the date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.