Union Calendar No. 158

103D CONGRESS

1ST SESSION H. R. 2840

[Report No. 103–286]

A BILL

To amend title 17, United States Code, to establish

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

OCTOBER 12, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 158

103D CONGRESS

1ST SESSION H. R. 2840

[Report No. 103–286]

To amend title 17, United States Code, to establish copyright arbitration

royalty panels to replace the Copyright Royalty Tribunal, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1993

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

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

OCTOBER 12, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on August 3, 1993]

A BILL

To amend title 17, United States Code, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Copyright Royalty

3 Tribunal Reform Act of 1993’’.

4 SEC. 2. COPYRIGHT ARBITRATION ROYALTY PANELS.

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

6 title 17, United States Code, is amended as follows:

7 (1) The section designation and heading are

8 amended to read as follows:

9 ‘‘§ 801. Copyright arbitration royalty panels: estab10 lishment and purpose’’.

11 (2) Subsection (a) is amended to read as follows:

12 ‘‘(a) ESTABLISHMENT.—The Librarian of Congress,

13 upon the recommendation of the Register of Copyrights, is

14 authorized to appoint and convene copyright arbitration

15 royalty panels.’’.

16 (3) Subsection (b) is amended—

17 (A) by inserting ‘‘PURPOSES.—’’ after

18 ‘‘(b)’’;

19 (B) in the matter preceding paragraph (1),

20 by striking ‘‘Tribunal’’ and inserting ‘‘copyright

21 arbitration royalty panels’’;

22 (C) in paragraph (2)—

23 (i) in subparagraph (A), by striking

24 ‘‘Commission’’ and inserting ‘‘copyright ar25 bitration royalty panels’’; and
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1 (ii) in subparagraph (B), by striking

2 ‘‘Copyright Royalty Tribunal’’ and insert3 ing ‘‘copyright arbitration royalty panels’’;

4 (D) in paragraph (3), by striking ‘‘In deter5 mining’’ and all that follows through the end of

6 the paragraph; and

7 (E) in paragraph (4) by striking ‘‘to deter8 mine’’ and all that follows through ‘‘chapter 10’’

9 and inserting ‘‘and to determine the distribution

10 of such payments.’’.

11 (4) By amending subsection (c) to read as fol12 lows:

13 ‘‘(c) RULINGS.—The Librarian of Congress, upon the

14 recommendation of the Register of Copyrights, may, before

15 a copyright arbitration royalty panel is convened, make

16 any necessary procedural or evidentiary rulings that would

17 apply to the proceedings conducted by such panel.’’.

18 (b) MEMBERSHIP AND PROCEEDINGS.—Section 802 of

19 title 17, United States Code, is amended to read as follows:

20 ‘‘§ 802. Membership and proceedings of copyright arbi21 tration royalty panels

22 ‘‘(a) COMPOSITION OF COPYRIGHT ARBITRATION ROY23 ALTY PANELS.—A copyright arbitration royalty panel shall

24 consist of 3 arbitrators selected by the Librarian of Congress

25 pursuant to subsection (b).
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1 ‘‘(b) SELECTION OF ARBITRATION PANEL.—Not later

2 than 10 days after publication of a notice initiating an

3 arbitration proceeding under section 804, and in accord4 ance with procedures specified by the Register of Copy5 rights, the Librarian of Congress shall, upon the rec6 ommendation of the Register of Copyrights, select 2 arbitra7 tors from lists of arbitrators provided to the Librarian by

8 parties participating in the arbitration and by professional

9 arbitration associations or such similar organizations as

10 the Librarian shall select. The 2 arbitrators so selected shall,

11 within 10 days after their selection, choose a third arbitra12 tor from the same lists, who shall serve as the chairperson

13 of the arbitrators. If such 2 arbitrators fail to agree upon

14 the selection of a third arbitrator, the Librarian of Congress

15 shall promptly select the third arbitrator.

16 ‘‘(c) ARBITRATION PROCEEDINGS.—Copyright arbitra17 tion royalty panels shall conduct arbitration proceedings,

18 in accordance with such procedures as they may adopt, for

19 the purpose of making their determinations in carrying out

20 the purposes set forth in section 801. The arbitration panels

21 shall act on the basis of a fully documented written record,

22 prior decisions of the Copyright Royalty Tribunal, prior

23 copyright arbitration panel determinations, and rulings by

24 the Librarian of Congress under section 801(c). Any copy25 right owner who claims to be entitled to royalties under
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1 section 111, 116, or 119, or any interested copyright party

2 who claims to be entitled to royalties under section 1006,

3 may submit relevant information and proposals to the arbi4 tration panels in proceedings applicable to such copyright

5 owner or interested copyright party, and any other person

6 participating in arbitration proceedings may submit such

7 relevant information and proposals to the arbitration panel

8 conducting the proceedings. The parties to the proceedings

9 shall bear the entire cost thereof in such manner and pro10 portion as the arbitration panels shall direct.

11 ‘‘(d) REPORT TO THE LIBRARIAN OF CONGRESS.—Not

12 later than 180 days after publication of the notice initiat13 ing an arbitration proceeding, the copyright arbitration

14 royalty panel conducting the proceeding shall report to the

15 Librarian of Congress its determination concerning the roy16 alty fee or distribution of royalty fees, as the case may be.

17 Such report shall be accompanied by the written record,

18 and shall set forth the facts that the arbitration panel found

19 relevant to its determination.

20 ‘‘(e) ACTION BY LIBRARIAN OF CONGRESS.—Within 60

21 days after receiving the report of a copyright arbitration

22 royalty panel under subsection (d), the Librarian of Con23 gress, upon the recommendation of the Register of Copy24 rights, shall adopt or reject the determination of the arbitra25 tion panel. The Librarian shall adopt the determination of
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1 the arbitration panel unless the Librarian finds that the

2 determination is arbitrary. If the Librarian rejects the de3 termination of the arbitration panel, the Librarian shall,

4 before the end of that 60-day period, and after full examina5 tion of the record created in the arbitration proceeding,

6 issue an order setting the royalty fee or distribution of fees,

7 as the case may be. The Librarian shall cause to be pub8 lished in the Federal Register the determination of the arbi9 tration panel, and the decision of the Librarian (including

10 an order issued under the preceding sentence). The Librar11 ian shall also publicize such determination and decision in

12 such other manner as the Librarian considers appropriate.

13 The Librarian shall also make the report of the arbitration

14 panel and the accompanying record available for public in15 spection and copying.

16 ‘‘(f) JUDICIAL REVIEW.—Any decision of the Librar17 ian of Congress under subsection (e) with respect to a deter18 mination of an arbitration panel may be appealed, by any

19 aggrieved party who would be bound by the determination,

20 to the United States Court of Appeals for the District of

21 Columbia Circuit, within 30 days after the publication of

22 the decision in the Federal Register. If no appeal is brought

23 within such 30-day period, the decision of the Librarian

24 is final, and the royalty fee or determination with respect

25 to the distribution of fees, as the case may be, shall take
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1 effect as set forth in the decision. The pendency of an appeal

2 under this paragraph shall not relieve persons obligated to

3 make royalty payments under sections 111, 115, 116, 118,

4 119, or 1003 who would be affected by the determination

5 on appeal to deposit the statement of account and royalty

6 fees specified in those sections. The court shall have jurisdic7 tion to modify or vacate a decision of the Librarian only

8 if it finds, on the basis of the record before the Librarian,

9 that the Librarian acted in an arbitrary manner. If the

10 court modifies the decision of the Librarian, the court shall

11 have jurisdiction to enter its own determination with re12 spect to the amount or distribution of royalty fees and costs,

13 to order the repayment of any excess fees, and to order the

14 payment of any underpaid fees, and the interest pertaining

15 respectively thereto, in accordance with its final judgment.

16 The court may further vacate the decision of the arbitration

17 panel and remand the case for arbitration proceedings in

18 accordance with subsection (c).

19 ‘‘(g) ADMINISTRATIVE MATTERS.—

20 ‘‘(1) DEDUCTION OF COSTS FROM ROYALTY

21 FEES.—The Librarian of Congress and the Register of

22 Copyrights may, to the extent not otherwise provided

23 under this title, deduct from royalty fees deposited or

24 collected under this title the reasonable costs incurred

25 by the Library of Congress and the Copyright Office
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1 under this chapter. Such deduction may be made be2 fore the fees are distributed to any copyright claim3 ants.

4 ‘‘(2) POSITIONS REQUIRED FOR ADMINISTRATION

5 OF COMPULSORY LICENSING.—Section 307 of the Leg6 islative Branch Appropriations Act, 1994, shall not

7 apply to employee positions in the Library of Con8 gress that are required to be filled in order to carry

9 out section 111, 115, 116, 118, or 119 or chapter 10.’’.

10 (c) ADJUSTMENT OF COMPULSORY LICENSE RATES.—

11 Section 803 of title 17, United States Code, and the item

12 relating to such section in the table of sections at the begin13 ning of chapter 8 of such title, are repealed.

14 (d) INSTITUTION AND CONCLUSION OF PROCEED15 INGS.—Section 804 of title 17, United States Code, is

16 amended as follows:

17 (1) Subsection (a) is amended to read as follows:

18 ‘‘(a)(1) With respect to proceedings under section

19 801(b)(1) concerning the adjustment of royalty rates as pro20 vided in sections 115 and 116, and with respect to proceed21 ings under subparagraphs (A) and (D) of section 801(b)(2),

22 during the calendar years specified in the schedule set forth

23 in paragraphs (2), (3), and (4), any owner or user of a

24 copyrighted work whose royalty rates are specified by this

25 title, established by the Copyright Royalty Tribunal before
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1 the date of the enactment of the Copyright Royalty Tribunal

2 Reform Act of 1993, or established by a copyright arbitra3 tion royalty panel after such date of enactment, may file

4 a petition with the Librarian of Congress declaring that

5 the petitioner requests an adjustment of the rate. The Li6 brarian of Congress shall, upon the recommendation of the

7 Register of Copyrights, make a determination as to whether

8 the petitioner has such a significant interest in the royalty

9 rate in which an adjustment is requested. If the Librarian

10 determines that the petitioner has such a significant inter11 est, the Librarian shall cause notice of this determination,

12 with the reasons therefor, to be published in the Federal

13 Register, together with the notice of commencement of pro14 ceedings under this chapter.

15 ‘‘(2) In proceedings under section 801(b)(2)(A) and

16 (D), a petition described in paragraph (1) may be filed dur17 ing 1995 and in each subsequent fifth calendar year.

18 ‘‘(3) In proceedings under section 801(b)(1) concerning

19 the adjustment of royalty rates as provided in section 115,

20 a petition described in paragraph (1) may be filed in 1997

21 and in each subsequent tenth calendar year.

22 ‘‘(4)(A) In proceedings under section 801(b)(1) con23 cerning the adjustment of royalty rates as provided in sec24 tion 116, a petition described in paragraph (1) may be filed

25 at any time within 1 year after negotiated licenses author-
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1 ized by section 116 are terminated or expire and are not

2 replaced by subsequent agreements.

3 ‘‘(B) If a negotiated license authorized by section 116

4 is terminated or expires and is not replaced by another such

5 license agreement which provides permission to use a quan6 tity of musical works not substantially smaller than the

7 quantity of such works performed on coin-operated phono8 record players during the 1-year period ending March 1,

9 1989, the Librarian of Congress shall, upon petition filed

10 under paragraph (1) within 1 year after such termination

11 or expiration, convene a copyright arbitration royalty

12 panel. The arbitration panel shall promptly establish an

13 interim royalty rate or rates for the public performance by

14 means of a coin-operated phonorecord player of non-dra15 matic musical works embodied in phonorecords which had

16 been subject to the terminated or expired negotiated license

17 agreement. Such rate or rates shall be the same as the last

18 such rate or rates and shall remain in force until the con19 clusion of proceedings by the arbitration panel, in accord20 ance with section 802, to adjust the royalty rates applicable

21 to such works, or until superseded by a new negotiated li22 cense agreement, as provided in section 116(b).’’.

23 (2) Subsection (b) is amended—

24 (A) by striking ‘‘subclause’’ and inserting

25 ‘‘subparagraph’’;
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1 (B) by striking ‘‘Tribunal’’ the first place it

2 appears and inserting ‘‘Copyright Royalty Tri3 bunal or the Librarian of Congress’’;

4 (C) by striking ‘‘Tribunal’’ the second and

5 third places it appears and inserting ‘‘Librar6 ian’’;

7 (D) by striking ‘‘Tribunal’’ the last place it

8 appears and inserting ‘‘Copyright Royalty Tri9 bunal or the Librarian of Congress’’; and

10 (E) by striking ‘‘(a)(2), above’’ and insert11 ing ‘‘subsection (a) of this section’’.

12 (3) Subsection (c) is amended by striking ‘‘Tri13 bunal’’ and inserting ‘‘Librarian of Congress’’.

14 (4) Subsection (d) is amended—

15 (A) by striking ‘‘Chairman of the Tribunal’’

16 and inserting ‘‘Librarian of Congress’’; and

17 (B) by striking ‘‘determination by the Tri18 bunal’’ and inserting ‘‘a determination’’.

19 (5) Section 804 is further amended by striking

20 subsection (e).

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

22 United States Code, and the items relating to such sections

23 in the table of sections at the beginning of chapter 8 of such

24 title, are repealed.
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1 (f) CLERICAL AMENDMENT.—The table of sections at

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

3 is amended by striking the items relating to sections 801

4 and 802 and inserting the following:

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

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

5 SEC. 3. JUKEBOX LICENSES.

6 (a) REPEAL OF COMPULSORY LICENSE.—Section 116

7 of title 17, United States Code, and the item relating to

8 section 116 in the table of sections at the beginning of chap9 ter 1 of such title, are repealed.

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

11 17, United States Code, is amended—

12 (A) by redesignating such section as section 116;

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

14 subsections (c) and (d) as subsections (b) and (c), re15 spectively;

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

17 striking ‘‘Copyright Royalty Tribunal’’ each place it

18 appears and inserting ‘‘Librarian of Congress’’;

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

20 (i) in the subsection caption by striking

21 ‘‘ROYALTY TRIBUNAL’’ and inserting ‘‘ARBITRA22 TION ROYALTY PANEL’’;

23 (ii) by striking ‘‘subsection (c)’’ and insert24 ing ‘‘subsection (b)’’; and
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1 (iii) by striking ‘‘the Copyright Royalty

2 Tribunal’’ and inserting ‘‘a copyright arbitra3 tion royalty panel’’; and

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

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

6 1 of title 17, United States Code, is amended by striking

7 ‘‘116A’’ and inserting ‘‘116’’.

8 SEC. 4. PUBLIC BROADCASTING COMPULSORY LICENSE.

9 Section 118 of title 17, United States Code, is amend10 ed—

11 (1) in subsection (b)—

12 (A) by striking the first 2 sentences;

13 (B) in the third sentence by striking ‘‘works

14 specified by this subsection’’ and inserting ‘‘pub15 lished nondramatic musical works and published

16 pictorial, graphic, and sculptural works’’;

17 (C) in paragraph (1)—

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

19 within one hundred and twenty days after

20 publication of the notice specified in this

21 subsection,’’; and

22 (ii) by striking ‘‘Copyright Royalty

23 Tribunal’’ each place it appears and insert24 ing ‘‘Librarian of Congress’’;
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1 (D) in paragraph (2) by striking ‘‘Tribu2 nal’’ and inserting ‘‘Librarian of Congress’’;

3 (E) in paragraph (3)—

4 (i) by striking the first sentence and

5 inserting the following: ‘‘In the absence of

6 license agreements negotiated under para7 graph (2), the Librarian of Congress shall,

8 pursuant to chapter 8, convene a copyright

9 arbitration royalty panel to determine and

10 publish in the Federal Register a schedule of

11 rates and terms which, subject to paragraph

12 (2), shall be binding on all owners of copy13 right in works specified by this subsection

14 and public broadcasting entities, regardless

15 of whether such copyright owners have sub16 mitted proposals to the Librarian of Con17 gress.’’;

18 (ii) in the second sentence—

19 (I) by striking ‘‘Copyright Roy20 alty Tribunal’’ and inserting ‘‘copy21 right arbitration royalty panel’’; and

22 (II) by striking ‘‘clause (2) of this

23 subsection’’ and inserting ‘‘paragraph

24 (2)’’; and
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1 (iii) in the last sentence by striking

2 ‘‘Copyright Royalty Tribunal’’ and insert3 ing ‘‘Librarian of Congress’’; and

4 (F) by striking paragraph (4);

5 (2) in subsection (c)—

6 (A) by striking ‘‘1982’’ and inserting

7 ‘‘1997’’; and

8 (B) by striking ‘‘Copyright Royalty Tribu9 nal’’ and inserting ‘‘Librarian of Congress’’;

10 (3) in subsection (d)—

11 (A) by striking ‘‘to the transitional provi12 sions of subsection (b)(4), and’’;

13 (B) by striking ‘‘the Copyright Royalty Tri14 bunal’’ and inserting ‘‘a copyright arbitration

15 royalty panel’’; and

16 (C) in paragraphs (2) and (3) by striking

17 ‘‘clause’’ each place it appears and inserting

18 ‘‘paragraph’’; and

19 (4) in subsection (g) by striking ‘‘clause’’ and in20 serting ‘‘paragraph’’.

21 SEC. 5. SECONDARY TRANSMISSIONS BY SUPERSTATIONS

22 AND NETWORK STATIONS FOR PRIVATE VIEW23 ING.

24 Section 119 of title 17, United States Code, is amend25 ed—
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1 (1) in subsection (b)—

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

3 consultation with the Copyright Royalty Tribu4 nal,’’ each place it appears;

5 (B) in paragraph (2) by striking ‘‘Copy6 right Royalty Tribunal’’ and inserting ‘‘Librar7 ian of Congress’’;

8 (C) in paragraph (3) by striking ‘‘Copy9 right Royalty Tribunal’’ and inserting ‘‘Librar10 ian of Congress’’; and

11 (D) in paragraph (4)—

12 (i) by striking ‘‘Copyright Royalty

13 Tribunal’’ each place it appears and insert14 ing ‘‘Librarian of Congress’’;

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

16 it appears and inserting ‘‘Librarian of Con17 gress’’; and

18 (iii) in subparagraph (B) by striking

19 ‘‘conduct a proceeding’’ in the last sentence

20 and inserting ‘‘convene a copyright arbitra21 tion royalty panel’’; and

22 (2) in subsection (c)—

23 (A) in the subsection caption by striking

24 ‘‘DETERMINATION’’ and inserting ‘‘ADJUST25 MENT’’;
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1 (B) in paragraph (2) by striking ‘‘Copy2 right Royalty Tribunal’’ each place it appears

3 and inserting ‘‘Librarian of Congress’’;

4 (C) in paragraph (3)—

5 (i) in subparagraph (A)—

6 (I) by striking ‘‘Copyright Roy7 alty Tribunal’’ and inserting ‘‘Librar8 ian of Congress’’; and

9 (II) by striking the last sentence

10 and inserting the following: ‘‘Such ar11 bitration proceeding shall be conducted

12 under chapter 8.’’;

13 (ii) by striking subparagraphs (B) and

14 (C);

15 (iii) in subparagraph (D)—

16 (I) by redesignating such sub17 paragraph as subparagraph (B); and

18 (II) by striking ‘‘Arbitration

19 Panel’’ and inserting ‘‘copyright arbi20 tration royalty panel appointed under

21 chapter 8’’;

22 (iv) by striking subparagraphs (E) and

23 (F);

24 (v) by amending subparagraph (G) to

25 read as follows:
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1 ‘‘(C) PERIOD DURING WHICH DECISION OF

2 ARBITRATION PANEL OR ORDER OF LIBRARIAN

3 EFFECTIVE.—The obligation to pay the royalty

4 fee established under a determination which—

5 ‘‘(i) is made by a copyright arbitration

6 royalty panel in an arbitration proceeding

7 under this paragraph and is adopted by the

8 Librarian of Congress under section 802(e),

9 or

10 ‘‘(ii) is established by the Librarian of

11 Congress under section 802(e),

12 shall become effective as provided in section

13 802(f).’’; and

14 (vi) in subparagraph (H)—

15 (I) by redesignating such sub16 paragraph as subparagraph (D); and

17 (II) by striking ‘‘adopted or or18 dered under subparagraph (F)’’ and

19 inserting ‘‘referred to in subparagraph

20 (C)’’; and

21 (D) by striking paragraph (4).

22 SEC. 6. CONFORMING AMENDMENTS.

23 (a) CABLE COMPULSORY LICENSE.—Section 111(d) of

24 title 17, United States Code, is amended as follows:
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1 (1) Paragraph (1) is amended by striking ‘‘,

2 after consultation with the Copyright Royalty Tribu3 nal (if and when the Tribunal has been constituted),’’.

4 (2) Paragraph (1)(A) is amended by striking ‘‘,

5 after consultation with the Copyright Royalty Tribu6 nal (if and when the Tribunal has been constituted),

7 from time to time prescribe’’ and inserting ‘‘from

8 time to time prescribe’’.

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

10 second and third sentences and by inserting the fol11 lowing: ‘‘All funds held by the Secretary of the Treas12 ury shall be invested in interest-bearing United States

13 securities for later distribution with interest by the

14 Librarian of Congress in the event no controversy

15 over distribution exists, or by a copyright arbitration

16 royalty panel in the event a controversy over such

17 distribution exists.’’.

18 (4) Paragraph (4)(A) is amended—

19 (A) by striking ‘‘Copyright Royalty Tribu20 nal’’ and inserting ‘‘Librarian of Congress’’; and

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

22 ‘‘Librarian of Congress’’.

23 (5) Paragraph (4)(B) is amended to read as fol24 lows:
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1 ‘‘(B) After the first day of August of each

2 year, the Librarian of Congress shall, upon the

3 recommendation of the Register of Copyrights,

4 determine whether there exists a controversy con5 cerning the distribution of royalty fees. If the Li6 brarian determines that no such controversy ex7 ists, the Librarian shall, after deducting reason8 able administrative costs under this section, dis9 tribute such fees to the copyright owners entitled

10 to such fees, or to their designated agents. If the

11 Librarian finds the existence of a controversy,

12 the Librarian shall, pursuant to chapter 8 of this

13 title, convene a copyright arbitration royalty

14 panel to determine the distribution of royalty

15 fees.’’.

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

17 ‘‘Copyright Royalty Tribunal’’ and inserting ‘‘Li18 brarian of Congress’’.

19 (b) AUDIO HOME RECORDING ACT.—

20 (1) ROYALTY PAYMENTS.—Section 1004(a)(3) of

21 title 17, United States Code, is amended—

22 (A) by striking ‘‘Copyright Royalty Tribu23 nal’’ and inserting ‘‘Librarian of Congress’’; and

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

25 ‘‘Librarian of Congress’’.
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1 (2) DEPOSIT OF ROYALTY PAYMENTS.—Section

2 1005 of title 17, United States Code, is amended by

3 striking the last sentence.

4 (3) ENTITLEMENT TO ROYALTY PAYMENTS.—Sec5 tion 1006(c) of title 17, United States Code, is

6 amended by striking ‘‘Copyright Royalty Tribunal’’

7 and inserting ‘‘Librarian of Congress shall convene a

8 copyright arbitration royalty panel which’’.

9 (4) PROCEDURES FOR DISTRIBUTING ROYALTY

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

11 Code, is amended—

12 (A) in subsection (a)(1)—

13 (i) by striking ‘‘Copyright Royalty

14 Tribunal’’ and inserting ‘‘Librarian of Con15 gress’’; and

16 (ii) by striking ‘‘Tribunal’’ and insert17 ing ‘‘Librarian of Congress’’;

18 (B) in subsection (b)—

19 (i) by striking ‘‘Copyright Royalty

20 Tribunal’’ and inserting ‘‘Librarian of Con21 gress’’; and

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

23 it appears and inserting ‘‘Librarian of Con24 gress’’; and

25 (C) in subsection (c)—
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1 (i) by striking the first sentence and

2 inserting ‘‘If the Librarian of Congress

3 finds the existence of a controversy, the Li4 brarian shall, pursuant to chapter 8 of this

5 title, convene a copyright arbitration roy6 alty panel to determine the distribution of

7 royalty payments.’’;

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

9 it appears and inserting ‘‘Librarian of Con10 gress’’; and

11 (iii) in the last sentence by striking

12 ‘‘its reasonable administrative costs’’ and

13 inserting ‘‘the reasonable administrative

14 costs incurred by the Librarian’’.

15 (5) ARBITRATION OF CERTAIN DISPUTES.—Sec16 tion 1010 of title 17, United States Code, is amend17 ed—

18 (A) in subsection (b)—

19 (i) by striking ‘‘Copyright Royalty

20 Tribunal’’ and inserting ‘‘Librarian of Con21 gress’’; and

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

23 it appears and inserting ‘‘Librarian of Con24 gress’’;

25 (B) in subsection (e)—
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1 (i) in the subsection caption by strik2 ing ‘‘COPYRIGHT ROYALTY TRIBUNAL’’ and

3 inserting ‘‘LIBRARIAN OF CONGRESS’’; and

4 (ii) by striking ‘‘Copyright Royalty

5 Tribunal’’ and inserting ‘‘Librarian of Con6 gress’’;

7 (C) in subsection (f)—

8 (i) in the subsection caption by strik9 ing ‘‘COPYRIGHT ROYALTY TRIBUNAL’’ and

10 inserting ‘‘LIBRARIAN OF CONGRESS’’;

11 (ii) by striking ‘‘Copyright Royalty

12 Tribunal’’ and inserting ‘‘Librarian of Con13 gress’’;

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

15 it appears and inserting ‘‘Librarian of Con16 gress’’; and

17 (iv) in the third sentence by striking

18 ‘‘its’’ and inserting ‘‘the Librarian’s’’; and

19 (D) in subsection (g)—

20 (i) by striking ‘‘Copyright Royalty

21 Tribunal’’ and inserting ‘‘Librarian of Con22 gress’’;

23 (ii) by striking ‘‘Tribunal’s decision’’

24 and inserting ‘‘decision of the Librarian of

25 Congress’’; and
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1 (iii) by striking ‘‘Tribunal’’ each place

2 it appears and inserting ‘‘Librarian of Con3 gress’’.

4 SEC. 7. EFFECTIVE DATE AND TRANSITION PROVISIONS.

5 (a) IN GENERAL.—This Act and the amendments

6 made by this Act shall take effect on January 1, 1994.

7 (b) EFFECTIVENESS OF EXISTING RATES AND DIS8 TRIBUTIONS.—All royalty rates and all determinations

9 with respect to the proportionate division of compulsory li10 cense fees among copyright claimants, whether made by the

11 Copyright Royalty Tribunal, or by voluntary agreement,

12 before the effective date set forth in subsection (a) shall re13 main in effect until modified by voluntary agreement or

14 pursuant to the amendments made by this Act.

15 (c) TRANSFER OF APPROPRIATIONS.—All unexpended

16 balances of appropriations made to the Copyright Royalty

17 Tribunal, as of the effective date of this Act, are transferred

18 on such effective date to the Copyright Office for use by the

19 Copyright Office for the purposes for which such appropria20 tions were made.