I

103D CONGRESS

1ST SESSION H. R. 897

To amend title 17, United States Code, to modify certain recordation and

registration requirements, to establish copyright arbitration royalty panels

to replace the Copyright Royalty Tribunal, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 16, 1993

Mr. HUGHES (for himself and Mr. FRANK of Massachusetts) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 17, United States Code, to modify certain

recordation and registration requirements, to establish

copyright arbitration royalty panels to replace the Copyright Royalty Tribunal, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Copyright Reform Act

5 of 1993’’.
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1 TITLE I—COPYRIGHT OFFICE

2 SEC. 101. COPYRIGHT RECORDATION PROVISIONS.

3 Section 301(b) of title 17, United States Code, is

4 amended—

5 (1) in paragraph (3) by striking ‘‘or’’ after the

6 semicolon;

7 (2) in paragraph (4) by striking the period and

8 inserting ‘‘; or’’; and

9 (3) by adding at the end the following:

10 ‘‘(5) perfecting security interests.’’.

11 SEC. 102. COPYRIGHT REGISTRATION PROVISIONS.

12 (a) REGISTRATION AND INFRINGEMENT ACTIONS.—

13 Section 411 of title 17, United States Code, is amended

14 to read as follows:

15 ‘‘§ 411. Registration and infringement actions

16 ‘‘In the case of a work consisting of sounds, images,

17 or both, the first fixation of which is made simultaneously

18 with its transmission, the copyright owner may, either be19 fore or after such fixation takes place, institute an action

20 for infringement under section 501, fully subject to the

21 remedies provided by sections 502 through 506 and sec22 tions 509 and 510, if, in accordance with requirements

23 that the Register of Copyrights shall prescribe by regula24 tion, the copyright owner serves notice upon the infringer,

25 not less than 10 or more than 30 days before such fixa-
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1 tion, identifying the work and the specific time and source

2 of its first transmission.’’.

3 (b) REGISTRATION AS PREREQUISITE TO CERTAIN

4 REMEDIES FOR INFRINGEMENT.—Section 412 of title 17,

5 United States Code, and the item relating to section 412

6 in the table of sections at the beginning of chapter 4 of

7 title 17, United States Code, are repealed.

8 SEC. 103. THE COPYRIGHT OFFICE: GENERAL RESPON9 SIBILITIES AND ORGANIZATION.

10 (a) REGISTER OF COPYRIGHTS.—Section 701(a) of

11 title 17, United States Code, is amended to read as

12 follows:

13 ‘‘(a)(1) The President shall appoint, by and with the

14 advice and consent of the Senate, the Register of Copy15 rights. The Register of Copyrights shall be paid at the

16 rate of pay in effect for level IV of the Executive Schedule

17 under section 5315 of title 5.’’.

18 ‘‘(2) All administrative functions and duties under

19 this title, except as otherwise specified, are the responsibil20 ity of the Register of Copyrights as director of the Copy21 right Office of the Library of Congress. The Register of

22 Copyrights shall appoint all other officers and employees

23 of the Copyright Office, who shall act under the Register’s

24 general direction and supervision.’’.
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1 (b) ANNUAL REPORT.—Section 701(c) of title 17,

2 United States Code, is amended to read as follows:

3 ‘‘(c) The Register of Copyrights shall make an annual

4 report to the Congress on the work and accomplishments

5 of the Copyright Office during the previous fiscal year.’’.

6 (c) REPEAL.—Section 701(e) of title 17, United

7 States Code, is repealed.

8 SEC. 104. COPYRIGHT OFFICE REGULATIONS.

9 Section 702 of title 17, United States Code, is

10 amended by striking the last sentence.

11 SEC. 105. CONFORMING AMENDMENTS.

12 (a) DEFINITIONS.—Section 101 of title 17, United

13 States Code, is amended by striking the definition of the

14 ‘‘country of origin’’ of a Berne Convention work.

15 (b) RECORDATION OF TRANSFERS AND OTHER DOC16 UMENTS.—Section 205(c) of title 17, United States Code,

17 is amended by striking ‘‘but only if—’’ and all that follows

18 through the end of paragraph (2) and inserting the follow19 ing: ‘‘but only if the document, or material attached to

20 it, specifically identifies the work to which it pertains so

21 that, after the document is indexed by the Register of

22 Copyrights, it would be revealed by a reasonable search

23 under the title or registration number of the work.’’.

24 (c) INFRINGEMENT OF COPYRIGHT.—Section 501(b)

25 of title 17, United States Code, is amended in the first
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1 sentence by striking ‘‘, subject to the requirements of sec2 tion 411,’’.

3 (d) REMEDIES FOR INFRINGEMENT.—Section 504(a)

4 of title 17, United States Code, is amended by striking

5 ‘‘Except as otherwise provided by this title, an’’ and in6 serting ‘‘An’’.

7 TITLE II—COPYRIGHT ROYALTY

8 TRIBUNAL

9 SEC. 201. COPYRIGHT ARBITRATION ROYALTY PANELS.

10 (a) ESTABLISHMENT AND PURPOSE.—Section 801 of

11 title 17, United States Code, is amended to read as fol12 lows:

13 ‘‘§ 801. Copyright arbitration royalty panels: estab14 lishment and purpose

15 ‘‘(a) ESTABLISHMENT.—The Register of Copyrights

16 is authorized to appoint and convene copyright arbitration

17 royalty panels to—

18 ‘‘(1) make determinations concerning the ad19 justment of the copyright royalty rates as provided

20 in section 803;

21 ‘‘(2) adjust royalty payments under section

22 1004(a)(3);

23 ‘‘(3) distribute royalty fees deposited with the

24 Register of Copyrights under sections 111 and
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1 119(b) in the event a controversy over such distribu2 tion exists; and

3 ‘‘(4) distribute the royalty fees deposited with

4 the Register of Copyrights under section 1005 in the

5 event a controversy over such distribution exists

6 under section 1006(c).’’.

7 (b) MEMBERSHIP AND PROCEEDINGS.—Section 802

8 of title 17, United States Code, is amended to read as

9 follows:

10 ‘‘§ 802. Membership and proceedings of copyright ar11 bitration royalty panels

12 ‘‘(a) COMPOSITION OF COPYRIGHT ARBITRATION

13 ROYALTY PANELS.—A copyright arbitration royalty panel

14 shall consist of 3 arbitrators selected by the Register of

15 Copyrights pursuant to subsection (b).

16 ‘‘(b) SELECTION OF ARBITRATION PANEL.—Not

17 later than 10 days after publication of a notice initiating

18 an arbitration proceeding under section 803 or 804, and

19 in accordance with procedures specified by the Register

20 of Copyrights, the Register of Copyrights shall select 2

21 arbitrators from lists of arbitrators provided to the Reg22 ister by parties participating in the arbitration. The 2 ar23 bitrators so selected shall, within 10 days after their selec24 tion, choose a third arbitrator from the same lists, who

25 shall serve as the chairperson of the arbitrators. If such
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1 2 arbitrators fail to agree upon the selection of a chair2 person, the Register of Copyrights shall promptly select

3 the chairperson.

4 ‘‘(c) ARBITRATION PROCEEDINGS.—Copyright arbi5 tration royalty panels shall conduct arbitration proceed6 ings, in accordance with such procedures as they may

7 adopt, for the purpose of making their determinations in

8 carrying out the purposes set forth in section 801. The

9 arbitration panels shall act on the basis of a fully docu10 mented written record. Any copyright owner who claims

11 to be entitled to royalties under section 111 or 119 or any

12 interested copyright party who claims to be entitled to roy13 alties under section 1006 may submit relevant information

14 and proposals to the arbitration panels in proceedings ap15 plicable to such copyright owner or interested copyright

16 party. The parties to the proceedings shall bear the entire

17 cost thereof in such manner and proportion as the arbitra18 tion panels shall direct.

19 ‘‘(d) REPORT TO THE REGISTER OF COPYRIGHTS.—

20 Not later than 180 days after publication of the notice

21 initiating an arbitration proceeding, the copyright arbitra22 tion royalty panel conducting the proceeding shall report

23 to the Register of Copyrights its determination concerning

24 the royalty fee or distribution of royalty fees, as the case

25 may be. Such report shall be accompanied by the written
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1 record, and shall set forth the facts that the arbitration

2 panel found relevant to its determination.

3 ‘‘(e) ACTION BY COPYRIGHT ARBITRATION ROYALTY

4 PANEL.—Within 60 days after receiving the report of a

5 copyright arbitration royalty panel under subsection (d),

6 the Register of Copyrights shall adopt or reject the deter7 mination of the arbitration panel. The Register shall adopt

8 the determination of the arbitration panel unless the Reg9 ister finds that the determination is arbitrary. If the Reg10 ister rejects the determination of the arbitration panel, the

11 Register shall, before the end of that 60-day period, and

12 after full examination of the record created in the arbitra13 tion proceeding, issue an order setting the royalty fee or

14 distribution of fees, as the case may be. The Register shall

15 cause to be published in the Federal Register the deter16 mination of the arbitration panel, and the decision of the

17 Register (including an order issued under the preceding

18 sentence). The Register shall also publicize such deter19 mination and decision in such other manner as the Reg20 ister considers appropriate. The Register shall also make

21 the report of the arbitration panel and the accompanying

22 record available for public inspection and copying.

23 ‘‘(f) JUDICIAL REVIEW.—Any decision of the Reg24 ister of Copyrights under subsection (e) with respect to

25 a determination of an arbitration panel may be appealed,
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1 by any aggrieved party who would be bound by the deter2 mination, to the United States Court of Appeals for the

3 District of Columbia Circuit, within 30 days after the pub4 lication of the decision in the Federal Register. The pend5 ency of an appeal under this paragraph shall not relieve

6 persons obligated to make royalty payments under sec7 tions 111, 119, or 1003 who would be affected by the de8 termination on appeal to deposit the statement of account

9 and royalty fees specified in those sections. The court shall

10 have jurisdiction to modify or vacate a decision of the Reg11 ister only if it finds, on the basis of the record before the

12 Register, that the Register acted in an arbitrary manner.

13 If the court modifies the decision of the Register, the court

14 shall have jurisdiction to enter its own determination with

15 respect to the amount or distribution of royalty fees and

16 costs, to order the repayment of any excess fees, and to

17 order the payment of any underpaid fees, and the interest

18 pertaining respectively thereto, in accordance with its final

19 judgment. The court may further vacate the decision of

20 the arbitration panel and remand the case for arbitration

21 proceedings in accordance with subsection (c).’’.

22 (c) ADJUSTMENT OF COMPULSORY LICENSE

23 RATES.—Section 803 of title 17, United States Code, is

24 amended to read as follows:
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1 ‘‘§ 803. Adjustment of compulsory license rates

2 ‘‘(a) PETITIONS.—In accordance with subsection (b),

3 any owner or user of a copyrighted work whose royalty

4 rates are specified by this title, or by a rate established

5 by the Copyright Royalty Tribunal before the date of the

6 enactment of the Copyright Reform Act of 1993, or by

7 a copyright arbitration royalty panel after such date of

8 enactment, may file a petition with the Register of Copy9 rights declaring that the petitioner requests an adjustment

10 of the rate. The Register of Copyrights shall make a deter11 mination as to whether the petitioner has a significant in12 terest in the royalty rate in which an adjustment is re13 quested. If the Register determines that the petitioner has

14 a significant interest, the Register shall cause notice of

15 this determination, with the reasons therefor, to be pub16 lished in the Federal Register, together with the notice

17 of commencement of proceedings under this chapter. Ex18 cept as provided in subsection (b)(1), the rates set by a

19 copyright arbitration royalty panel shall attempt to reflect

20 what the fair market value of the use would be in the ab21 sence of a compulsory license.

22 ‘‘(b) TYPES OF PROCEEDINGS.—

23 ‘‘(1) CABLE.—In making determinations con24 cerning the adjustment of the copyright royalty rates

25 in section 111, copyright arbitration royalty panels
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1 shall make their determinations only in accordance

2 with the following provisions:

3 ‘‘(A) The rates established by section

4 111(d)(1)(B) may be adjusted to reflect na5 tional monetary inflation or deflation, or

6 changes in the average rates charged cable sub7 scribers for the basic service of providing sec8 ondary transmissions to maintain the real con9 stant dollar level of the royalty fee per sub10 scriber which existed on the date of the enact11 ment of the Copyright Reform Act of 1993, ex12 cept that—

13 ‘‘(i) if the average rates charged cable

14 system subscribers for the basic service of

15 providing secondary transmissions are

16 changed so that the average rates exceed

17 national monetary inflation, no change in

18 the rates established by section

19 111(d)(1)(B) shall be permitted; and

20 ‘‘(ii) no increase in the royalty fee

21 shall be permitted based on any reduction

22 in the average number of distant signal

23 equivalents per subscriber.

24 Copyright arbitration royalty panels may con25 sider all factors relating to the maintenance of
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1 such level of payments including, as an extenu2 ating factor, whether the cable industry has

3 been restrained by subscriber rate regulating

4 authorities from increasing the rates for the

5 basic service of providing secondary trans6 missions.

7 ‘‘(B) In the event that the rules and regu8 lations of the Federal Communications Com9 mission are amended at any time after April

10 15, 1976, to permit the carriage by cable sys11 tems of additional television broadcast signals

12 beyond the local service area of the primary

13 transmitters of such signals, the royalty rates

14 established by section 111(d)(1)(B) may be ad15 justed to ensure that the rates for the addi16 tional distant signal equivalents resulting from

17 such carriage are reasonable in the light of the

18 changes effected by the amendment to such

19 rules and regulations. In determining the rea20 sonableness of rates proposed following an

21 amendment of Federal Communications Com22 mission rules and regulations, a copyright arbi23 tration royalty panel shall consider, among

24 other factors, the economic impact on copyright

25 owners and users, except that no adjustment in
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1 royalty rates shall be made under this subpara2 graph with respect to any distant signal equiva3 lent or fraction thereof represented by—

4 ‘‘(i) carriage of any signal permitted

5 under the rules and regulations of the Fed6 eral Communications Commission in effect

7 on April 15, 1976, or the carriage of a sig8 nal of the same type (that is, independent,

9 network, or noncommercial educational)

10 substituted for such permitted signal, or

11 ‘‘(ii) a television broadcast signal first

12 carried after April 15, 1976, pursuant to

13 an individual waiver of the rules and regu14 lations of the Federal Communications

15 Commission, as such rules and regulations

16 were in effect on April 15, 1976.

17 ‘‘(C) In the event of any change in the

18 rules and regulations of the Federal Commu19 nications Commission with respect to syn20 dicated and sports program exclusivity after

21 April 15, 1976, the rates established by section

22 111(d)(1)(B) may be adjusted to assure that

23 such rates are reasonable in light of the

24 changes to such rules and regulations, but any

25 such adjustment shall apply only to the affected
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1 television broadcast signals carried on those

2 systems affected by the change.

3 ‘‘(D) The gross receipts limitations estab4 lished by section 111(d)(1) (C) and (D) shall be

5 adjusted to reflect national monetary inflation

6 or deflation or changes in the average rates

7 charged cable system subscribers for the basic

8 service of providing secondary transmissions to

9 maintain the real constant dollar value of the

10 exemption provided by such section; and the

11 royalty rate specified in such section shall not

12 be subject to adjustment.

13 ‘‘(E) With respect to proceedings under

14 subparagraph (A) or (D), petitions under sub15 section (a) may be filed during 1995 and in

16 each subsequent fifth calendar year.

17 ‘‘(F) With respect to proceedings under

18 subparagraph (B) or (C), petitions under sub19 section (a) may be filed within 12 months after

20 an event described in either such subsection.

21 Any change in royalty rates made pursuant to

22 subparagraph (B) or (C) may be reconsidered

23 in 1995 and each fifth calendar year thereafter,

24 in accordance with subparagraph (B) or (C), as

25 the case may be.
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1 ‘‘(2) PHONORECORDS.—With respect to pro2 ceedings to adjust the copyright royalty rates in sec3 tion 115, petitions under subsection (a) may be filed

4 in 1997 and in each subsequent tenth calendar year.

5 ‘‘(3) COIN-OPERATED PHONORECORD PLAY6 ERS.—If a negotiated license authorized by section

7 116 is terminated or expires and is not replaced by

8 another license agreement under such section, the

9 Register of Copyrights shall, upon petition filed

10 under subsection (a) within 1 year after such termi11 nation or expiration, convene a copyright arbitration

12 royalty panel. The arbitration panel shall promptly

13 establish an interim royalty rate or rates for the

14 public performance by means of a coin-operated pho15 norecord player of non-dramatic musical works em16 bodied in phonorecords which had been subject to

17 the terminated or expired negotiated license agree18 ment. Such rate or rates shall be the same as the

19 last such rate or rates and shall remain in force

20 until the conclusion of proceedings by the arbitration

21 panel, in accordance with section 802, to adjust the

22 royalty rates applicable to such works, or until su23 perseded by a new negotiated license agreement, as

24 provided in section 116(c).
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1 ‘‘(4) NONCOMMERCIAL BROADCASTING.—A

2 copyright arbitration royalty panel may commence

3 proceedings to adjust the copyright royalty rates in

4 section 118 as provided in that section.

5 ‘‘(5) DIGITAL AUDIO RECORDING.—The Reg6 ister of Copyrights shall make adjustments to roy7 alty payments under section 1004(a)(3) as provided

8 in that section.’’.

9 (d) DISTRIBUTION OF COPYRIGHT ROYALTIES.—Sec10 tion 804 of title 17, United States Code, is amended to

11 read as follows:

12 ‘‘§ 804. Distribution of copyright royalties

13 ‘‘The distribution of royalties under this title shall be

14 as provided in section 111(d)(4), 119(b)(4), and 1007.’’.

15 (e) REPEAL.—Sections 805 through 810 of title 17,

16 United States Code, are repealed.

17 (f) CLERICAL AMENDMENT.—The table of sections at

18 the beginning of chapter 8 of title 17, United States Code,

19 is amended to read as follows:

‘‘Sec. 801. Copyright arbitration royalty panels: establishment and purpose.

‘‘Sec. 802. Membership and proceedings of copyright arbitration royalty panels.

‘‘Sec. 803. Adjustment of compulsory license rates.

‘‘Sec. 804. Distribution of copyright royalties.’’.

20 SEC. 202. JUKEBOX LICENSES.

21 (a) REPEAL OF COMPULSORY LICENSE.—Section

22 116 of title 17, United States Code, and the item relating
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1 to section 116 in the table of sections at the beginning

2 of chapter 1 of such title, are repealed.

3 (b) NEGOTIATED LICENSES.—(1) Section 116A of

4 title 17, United States Code, is amended—

5 (A) by redesignating such section as section

6 116;

7 (B) by striking subsection (b) and redesignating

8 subsections (c) and (d) as subsections (b) and (c),

9 respectively;

10 (C) in subsection (b)(2) (as so redesignated) by

11 striking ‘‘Copyright Royalty Tribunal’’ and inserting

12 ‘‘Register of Copyrights’’;

13 (D) in subsection (c) (as so redesignated)—

14 (i) in the subsection caption by striking

15 ‘‘ROYALTY TRIBUNAL’’ and inserting ‘‘ARBI16 TRATION ROYALTY PANEL’’; and

17 (ii) by striking ‘‘the Copyright Royalty Tri18 bunal’’ and inserting ‘‘a copyright arbitration

19 royalty panel’’; and

20 (E) by striking subsections (e), (f), and (g).

21 (2) The table of sections at the beginning of chapter

22 1 of title 17, United States Code, is amended by striking

23 ‘‘116A’’ and inserting ‘‘116’’.
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1 SEC. 203. PUBLIC BROADCASTING COMPULSORY LICENSE.

2 Section 118 of title 17, United States Code, is

3 amended—

4 (1) in subsection (b)—

5 (A) by striking the first 2 sentences;

6 (B) in the third sentence by striking

7 ‘‘works specified by this subsection’’ and insert8 ing ‘‘published nondramatic musical works and

9 published pictorial, graphic, and sculptural

10 works’’;

11 (C) in paragraph (1)—

12 (i) in the first sentence by striking ‘‘,

13 within one hundred and twenty days after

14 publication of the notice specified in this

15 subsection,’’; and

16 (ii) by striking ‘‘Copyright Royalty

17 Tribunal’’ each place it appears and insert18 ing ‘‘Register of Copyrights’’;

19 (D) in paragraph (2) by striking ‘‘Tribu20 nal’’ and inserting ‘‘Register of Copyrights’’;

21 (E) in paragraph (3)—

22 (i) by striking the first sentence and

23 inserting the following: ‘‘In the absence of

24 license agreements negotiated under para25 graph (2), the Register of Copyrights shall,

26 pursuant to section 803, convene a copy-
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1 right arbitration royalty panel to determine

2 and publish in the Federal Register a

3 schedule of rates and terms which, subject

4 to paragraph (2), shall be binding on all

5 owners of copyright in works specified by

6 this subsection and public broadcasting en7 tities, regardless of whether such copyright

8 owners have submitted proposals to the

9 Register of Copyrights.’’;

10 (ii) in the second sentence—

11 (I) by striking ‘‘Copyright Roy12 alty Tribunal’’ and inserting ‘‘copy13 right arbitration royalty panel’’; and

14 (II) by striking ‘‘clause (2) of

15 this subsection’’ and inserting ‘‘para16 graph (2)’’; and

17 (iii) in the last sentence by striking

18 ‘‘Copyright Royalty Tribunal’’ and insert19 ing ‘‘Register of Copyrights’’; and

20 (F) by striking paragraph (4);

21 (2) by striking subsection (c); and

22 (3) in subsection (d)—

23 (A) by redesignating such subsection as

24 subsection (c);
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1 (B) by striking ‘‘to the transitional provi2 sions of subsection (b)(4), and’’; and

3 (C) by striking ‘‘Copyright Royalty Tribu4 nal’’ and inserting ‘‘copyright arbitration roy5 alty panel’’.

6 SEC. 204. SECONDARY TRANSMISSIONS BY SUPERSTATIONS

7 AND NETWORK STATIONS FOR PRIVATE

8 VIEWING.

9 Section 119 of title 17, United States Code, is

10 amended—

11 (1) in subsection (b)—

12 (A) in paragraph (1) by striking ‘‘, after

13 consultation with the Copyright Royalty Tribu14 nal,’’ each place it appears;

15 (B) in paragraph (2) by striking ‘‘Copy16 right Royalty Tribunal’’ and inserting ‘‘Register

17 of Copyrights’’;

18 (C) in paragraph (3) by striking ‘‘Copy19 right Royalty Tribunal’’ and inserting ‘‘Register

20 of Copyrights’’; and

21 (D) in paragraph (4)—

22 (i) by striking ‘‘Copyright Royalty

23 Tribunal’’ each place it appears and insert24 ing ‘‘Register of Copyrights’’;
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1 (ii) by striking ‘‘Tribunal’’ each place

2 it appears and inserting ‘‘Register’’; and

3 (iii) in subparagraph (C) by striking

4 ‘‘conduct a proceeding’’ in the last sen5 tence and inserting ‘‘convene a copyright

6 arbitration royalty panel’’; and

7 (2) by striking subsection (c) and inserting the

8 following:

9 ‘‘(c) DETERMINATION OF ROYALTIES.—The royalty

10 fee payable under subsection (b)(1)(B) shall be that estab11 lished by the Copyright Royalty Tribunal on May 1, 1992,

12 as corrected on May 18, 1992.’’.

13 SEC. 205. CONFORMING AMENDMENTS.

14 (a) CABLE COMPULSORY LICENSE.—Section 111(d)

15 of title 17, United States Code, is amended as follows:

16 (1) Paragraph (1) is amended by striking ‘‘,

17 after consultation with the Copyright Royalty Tribu18 nal (if and when the Tribunal has been con19 stituted),’’.

20 (2) Paragraph (1)(A) is amended by striking

21 ‘‘, after consultation with the Copyright Royalty Tri22 bunal (if and when the Tribunal has been con23 stituted),’’.

24 (3) Paragraph (2) is amended by striking the

25 second and third sentences and by inserting the fol-
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1 lowing: ‘‘All funds held by the Secretary of the

2 Treasury shall be invested in interest-bearing United

3 States securities for later distribution by the Reg4 ister in the event no controversy over distribution ex5 ists, or by a copyright arbitration royalty panel in

6 the event a controversy over such distribution exists.

7 The Register shall compile and publish on a semi8 annual basis, a compilation of all statements of ac9 count covering the relevant 6-month period provided

10 by paragraph (1) of this subsection.’’.

11 (4) Paragraph (4)(A) is amended—

12 (A) by striking ‘‘Copyright Royalty Tribu13 nal’’ and inserting ‘‘Register of Copyrights’’;

14 and

15 (B) by striking ‘‘Tribunal’’ and inserting

16 ‘‘Register’’.

17 (5) Paragraph (4)(B) is amended to read as

18 follows:

19 ‘‘(B) After the first day of August of each

20 year, the Register of Copyrights shall determine

21 whether there exists a controversy concerning

22 the distribution of royalty fees. If the Register

23 determines that no such controversy exists, the

24 Register shall, after deducting the Copyright

25 Office’s reasonable administrative costs under
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1 this section, distribute such fees to the copy2 right owners entitled, or to their designated

3 agents. If the Register finds the existence of a

4 controversy, the Register shall, pursuant to

5 chapter 8 of this title, convene a copyright arbi6 tration royalty panel to determine the distribu7 tion of royalty fees.’’.

8 (6) Paragraph (4)(C) is amended by striking

9 ‘‘Copyright Royalty Tribunal’’ and inserting ‘‘Reg10 ister of Copyrights’’.

11 (b) AUDIO HOME RECORDING ACT.—

12 (1) ROYALTY PAYMENTS.—Section 1004(a)(3)

13 of title 17, United States Code, is amended—

14 (A) by striking ‘‘Copyright Royalty Tribu15 nal’’ and inserting ‘‘Register of Copyrights’’;

16 and

17 (B) by striking ‘‘Tribunal’’ and inserting

18 ‘‘Register’’.

19 (2) DEPOSIT OF ROYALTY PAYMENTS.—Section

20 1005 of title 17, United States Code, is amended by

21 striking the last sentence.

22 (3) ENTITLEMENT TO ROYALTY PAYMENTS.—

23 Section 1006(c) of title 17, United States Code, is

24 amended by striking ‘‘Copyright Royalty Tribunal’’
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1 and inserting ‘‘Register of Copyrights shall convene

2 a copyright arbitration royalty panel which’’.

3 (4) PROCEDURES FOR DISTRIBUTING ROYALTY

4 PAYMENTS.—Section 1007 of title 17, United States

5 Code, is amended—

6 (A) in subsection (a)(1) by striking ‘‘Copy7 right Royalty Tribunal’’ and inserting ‘‘Register

8 of Copyrights’’;

9 (B) in subsection (b)—

10 (i) by striking ‘‘Copyright Royalty

11 Tribunal’’ and inserting ‘‘Register of Copy12 rights’’; and

13 (ii) by striking ‘‘Tribunal’’ each place

14 it appears and inserting ‘‘Register’’; and

15 (C) in subsection (c)—

16 (i) by striking the first sentence and

17 inserting ‘‘If the Register finds the exist18 ence of a controversy, the Register shall,

19 pursuant to chapter 8 of this title, convene

20 a copyright arbitration royalty panel to de21 termine the distribution of royalty pay22 ments.’’; and

23 (ii) by striking ‘‘Tribunal’’ each place

24 it appears and inserting ‘‘Register’’.
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1 (5) ARBITRATION OF CERTAIN DISPUTES.—Sec2 tion 1010 of title 17, United States Code, is amend3 ed—

4 (A) in subsection (b)—

5 (i) by striking ‘‘Copyright Royalty

6 Tribunal’’ and inserting ‘‘Register of Copy7 rights’’; and

8 (ii) by striking ‘‘Tribunal’’ each place

9 it appears and inserting ‘‘Register’’;

10 (B) in subsection (e) by striking ‘‘Copy11 right Royalty Tribunal’’ each place it appears

12 and inserting ‘‘Register of Copyrights’’;

13 (C) in subsection (f)—

14 (i) by striking ‘‘Copyright Royalty

15 Tribunal’’ each place it appears and insert16 ing ‘‘Register of Copyrights’’;

17 (iii) by striking ‘‘Tribunal’’ each place

18 it appears and inserting ‘‘Register’’; and

19 (iii) in the third sentence by striking

20 ‘‘its’’ and inserting ‘‘the Register’s’’; and

21 (D) in subsection (g)—

22 (i) by striking ‘‘Copyright Royalty

23 Tribunal’’ and inserting ‘‘Register of Copy24 rights’’; and
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1 (ii) by striking ‘‘Tribunal’’ each place

2 it appears and inserting ‘‘Register’’.

3 TITLE III—GENERAL

4 PROVISIONS

5 SEC. 301. EFFECTIVE DATE.

6 (a) TITLE I.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the amendments made by title I take ef9 fect on the date of the enactment of this Act.

10 (2) SECTION 103.—The amendments made by

11 section 103 take effect on January 1, 1994.

12 (b) TITLE II.—The amendments made by title II

13 take effect on January 1, 1994.

14 (c) EFFECTIVENESS OF EXISTING RATES AND DIS15 TRIBUTIONS.—All royalty rates and all determinations

16 with respect to the proportionate division of compulsory

17 license fees among copyright claimants, whether made by

18 the Copyright Royalty Tribunal, or by voluntary agree19 ment, before the effective date set forth in subsection (b)

20 shall remain in effect until modified by voluntary agree21 ment or pursuant to the amendments made by this Act.

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HR 897 IH——2