109 HR 1036 RS: To amend title 17, United States Code, to make technical
U.S. House of Representatives
2005-11-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Copyright Royalty Judges Program Technical Corrections
Act
.
2.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).
3.Amendments to
chapter 8 of title
17, United States CodeChapter 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 ActionsOn 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
proceedingPromptly
;
and
(ii)by
adding at the end the following:
(ii)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)
.
4.Additional
technical amendments
(a)Distribution of
Royalty FeesSection 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)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 WorksSection 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
BroadcastingSection 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)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 controversyDuring 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 DevicesSection 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 ProvisionsThe 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)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)
.
5.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.
5.Partial distribution of
royalty feesSection
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
.
6.
(a)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
feesSection 5 shall take effect on the date of enactment of this
Act.
July 13, 2006
Reported with an amendment