[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[Senate]
[Page S11422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        COPYRIGHT ROYALTY AND DISTRIBUTION REFORM ACT, H.R. 1417

  Mr. LEAHY. I am pleased that in the waning days of the 108th Congress 
we can send H.R. 1417, the Copyright Royalty and Distribution Reform 
Act of 2004, to the White House for the President's signature. I wish 
to thank Senator Hatch, as his chairmanship of the Judiciary Committee 
comes to a close, for the important work we have done over the years to 
strengthen our Nation's intellectual property laws. When two Senators 
from different parties can collaborate as productively as we have on 
these issues, the legislative process is working the way it should.
  This bill has been a massive, bicameral undertaking. Many of the 
provisions were technically complex, and extensive negotiations were 
necessary in order to iron out some of the more difficult provisions. 
In all of these details, recognition is owed to our colleagues in the 
House for ensuring that obstacles to this bill's passage did not become 
roadblocks. Chairman Sensenbrenner, in particular, played a crucial 
role in the development of this bill and in helping to pilot it through 
the other Chamber. Likewise, I wish to express my gratitude for the 
time, energy, and thoughtful contributions of Congressman Conyers, 
Congressman Smith, and Congressman Berman, without whom the result we 
have achieved today would simply not have been possible.
  The Copyright Royalty and Distribution Reform Act will modernize and 
improve the process by which certain royalty rates, such as those for 
small webcasters, are determined.
  As early as 2002, I noted in a Judiciary Committee hearing that there 
was widespread dissatisfaction with the current CARP procedures. Among 
some of the complaints, the Committee heard that many small webcasters 
could not afford to take part in CARP proceedings, despite their 
livelihoods hinging on the outcome. We also heard of many of the 
structural problems that plagued the process. In addition, I have been 
concerned that the current procedures are often hindered by 
unreasonable delays, and the outcomes subject to manipulation.
  The Copyright Royalty and Distribution Reform Act responds to these 
concerns. It replaces arbitrators with full-time administrative judges, 
alleviating the massive financial burden of taking part in a CARP 
proceeding, and providing the process with continuity and stability. 
This bill also resolves long-standing disputes over the availability of 
discovery. Because discovery is available where it is needed, the 
Copyright Royalty Judges will have the information necessary to render 
a correct determination, but the costs of discovery will be kept to a 
minimum. Finally, this bill preserves the traditional role of the 
Register of Copyrights.
  Again, I wish to thank my colleagues in the Senate and in the House 
for their hard work in guiding into law this important, complex piece 
of legislation. We work best when we work together, and I hope that in 
the final product of the CARP bill we will see reason to develop 
legislation across party lines, and between chambers, in the next 
Congress.

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