[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1036 Reported in Senate (RS)]







                                                       Calendar No. 515
109th CONGRESS
  2d Session
                                H. R. 1036


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2005

  Received; read twice and referred to the Committee on the Judiciary

                             July 13, 2006

               Reported by Mr. Specter, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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)''.

<DELETED>SEC. 5. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

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.
                                                       Calendar No. 515

109th CONGRESS

  2d Session

                               H. R. 1036

_______________________________________________________________________

                                 AN ACT

 To amend title 17, United States Code, to make technical corrections 
     relating to Copyright Royalty Judges, and for other purposes.

_______________________________________________________________________

                             July 13, 2006

                       Reported with an amendment