IIA

103D CONGRESS

1ST SESSION H. R. 2840

IN THE SENATE OF THE UNITED STATES

OCTOBER 13, 1993

Received

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Copyright Royalty Tri5 bunal Reform Act of 1993’’.

6 SEC. 2. COPYRIGHT ARBITRATION ROYALTY PANELS.

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

8 title 17, United States Code, is amended as follows:
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1 (1) The section designation and heading are

2 amended to read as follows:

3 ‘‘§ 801. Copyright arbitration royalty panels: estab4 lishment and purpose’’.

5 (2) Subsection (a) is amended to read as fol6 lows:

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

8 upon the recommendation of the Register of Copyrights,

9 is authorized to appoint and convene copyright arbitration

10 royalty panels.’’.

11 (3) Subsection (b) is amended—

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

13 ‘‘(b)’’;

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

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

16 arbitration royalty panels’’;

17 (C) in paragraph (2)—

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

19 ‘‘Commission’’ and inserting ‘‘copyright ar20 bitration royalty panels’’; and

21 (ii) in subparagraph (B), by striking

22 ‘‘Copyright Royalty Tribunal’’ and insert23 ing ‘‘copyright arbitration royalty panels’’;
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1 (D) in paragraph (3), by striking ‘‘In de2 termining’’ and all that follows through the end

3 of the paragraph; and

4 (E) in paragraph (4) by striking ‘‘to deter5 mine’’ and all that follows through ‘‘chapter

6 10’’ and inserting ‘‘and to determine the dis7 tribution of such payments.’’.

8 (4) By amending subsection (c) to read as fol9 lows:

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

11 recommendation of the Register of Copyrights, may, be12 fore a copyright arbitration royalty panel is convened,

13 make any necessary procedural or evidentiary rulings that

14 would apply to the proceedings conducted by such panel.’’.

15 (b) MEMBERSHIP AND PROCEEDINGS.—Section 802

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

17 follows:

18 ‘‘§ 802. Membership and proceedings of copyright ar19 bitration royalty panels

20 ‘‘(a) COMPOSITION OF COPYRIGHT ARBITRATION

21 ROYALTY PANELS.—A copyright arbitration royalty panel

22 shall consist of 3 arbitrators selected by the Librarian of

23 Congress pursuant to subsection (b).

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

25 later than 10 days after publication of a notice initiating
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1 an arbitration proceeding under section 804, and in ac2 cordance with procedures specified by the Register of

3 Copyrights, the Librarian of Congress shall, upon the rec4 ommendation of the Register of Copyrights, select 2 arbi5 trators from lists of arbitrators provided to the Librarian

6 by parties participating in the arbitration and by profes7 sional arbitration associations or such similar organiza8 tions as the Librarian shall select. The 2 arbitrators so

9 selected shall, within 10 days after their selection, choose

10 a third arbitrator from the same lists, who shall serve as

11 the chairperson of the arbitrators. If such 2 arbitrators

12 fail to agree upon the selection of a third arbitrator, the

13 Librarian of Congress shall promptly select the third arbi14 trator.

15 ‘‘(c) ARBITRATION PROCEEDINGS.—Copyright arbi16 tration royalty panels shall conduct arbitration proceed17 ings, in accordance with such procedures as they may

18 adopt, for the purpose of making their determinations in

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

20 arbitration panels shall act on the basis of a fully docu21 mented written record, prior decisions of the Copyright

22 Royalty Tribunal, prior copyright arbitration panel deter23 minations, and rulings by the Librarian of Congress under

24 section 801(c). Any copyright owner who claims to be enti25 tled to royalties under section 111, 116, or 119, or any
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1 interested copyright party who claims to be entitled to roy2 alties under section 1006, may submit relevant informa3 tion and proposals to the arbitration panels in proceedings

4 applicable to such copyright owner or interested copyright

5 party, and any other person participating in arbitration

6 proceedings may submit such relevant information and

7 proposals to the arbitration panel conducting the proceed8 ings. The parties to the proceedings shall bear the entire

9 cost thereof in such manner and proportion as the arbitra10 tion panels shall direct.

11 ‘‘(d) REPORT TO THE LIBRARIAN OF CONGRESS.—

12 Not later than 180 days after publication of the notice

13 initiating an arbitration proceeding, the copyright arbitra14 tion royalty panel conducting the proceeding shall report

15 to the Librarian of Congress its determination concerning

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

17 may be. Such report shall be accompanied by the written

18 record, and shall set forth the facts that the arbitration

19 panel found relevant to its determination.

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

21 60 days after receiving the report of a copyright arbitra22 tion royalty panel under subsection (d), the Librarian of

23 Congress, upon the recommendation of the Register of

24 Copyrights, shall adopt or reject the determination of the

25 arbitration panel. The Librarian shall adopt the deter-
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1 mination of the arbitration panel unless the Librarian

2 finds that the determination is arbitrary. If the Librarian

3 rejects the determination of the arbitration panel, the Li4 brarian shall, before the end of that 60-day period, and

5 after full examination of the record created in the arbitra6 tion proceeding, issue an order setting the royalty fee or

7 distribution of fees, as the case may be. The Librarian

8 shall cause to be published in the Federal Register the

9 determination of the arbitration panel, and the decision

10 of the Librarian (including an order issued under the pre11 ceding sentence). The Librarian shall also publicize such

12 determination and decision in such other manner as the

13 Librarian considers appropriate. The Librarian shall also

14 make the report of the arbitration panel and the accom15 panying record available for public inspection and copying.

16 ‘‘(f) JUDICIAL REVIEW.—Any decision of the Librar17 ian of Congress under subsection (e) with respect to a de18 termination of an arbitration panel may be appealed, by

19 any aggrieved party who would be bound by the deter20 mination, to the United States Court of Appeals for the

21 District of Columbia Circuit, within 30 days after the pub22 lication of the decision in the Federal Register. If no ap23 peal is brought within such 30-day period, the decision of

24 the Librarian is final, and the royalty fee or determination

25 with respect to the distribution of fees, as the case may
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1 be, shall take effect as set forth in the decision. The pend2 ency of an appeal under this paragraph shall not relieve

3 persons obligated to make royalty payments under sec4 tions 111, 115, 116, 118, 119, or 1003 who would be af5 fected by the determination on appeal to deposit the state6 ment of account and royalty fees specified in those sec7 tions. The court shall have jurisdiction to modify or vacate

8 a decision of the Librarian only if it finds, on the basis

9 of the record before the Librarian, that the Librarian

10 acted in an arbitrary manner. If the court modifies the

11 decision of the Librarian, the court shall have jurisdiction

12 to enter its own determination with respect to the amount

13 or distribution of royalty fees and costs, to order the re14 payment of any excess fees, and to order the payment of

15 any underpaid fees, and the interest pertaining respec16 tively thereto, in accordance with its final judgment. The

17 court may further vacate the decision of the arbitration

18 panel and remand the case for arbitration proceedings in

19 accordance with subsection (c).

20 ‘‘(g) ADMINISTRATIVE MATTERS.—

21 ‘‘(1) DEDUCTION OF COSTS FROM ROYALTY

22 FEES.—The Librarian of Congress and the Register

23 of Copyrights may, to the extent not otherwise pro24 vided under this title, deduct from royalty fees de25 posited or collected under this title the reasonable
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1 costs incurred by the Library of Congress and the

2 Copyright Office under this chapter. Such deduction

3 may be made before the fees are distributed to any

4 copyright claimants.

5 ‘‘(2) POSITIONS REQUIRED FOR ADMINISTRA6 TION OF COMPULSORY LICENSING.—Section 307 of

7 the Legislative Branch Appropriations Act, 1994,

8 shall not apply to employee positions in the Library

9 of Congress that are required to be filled in order

10 to carry out section 111, 115, 116, 118, or 119 or

11 chapter 10.’’.

12 (c) ADJUSTMENT OF COMPULSORY LICENSE

13 RATES.—Section 803 of title 17, United States Code, and

14 the item relating to such section in the table of sections

15 at the beginning of chapter 8 of such title, are repealed.

16 (d) INSTITUTION AND CONCLUSION OF PROCEED17 INGS.—Section 804 of title 17, United States Code, is

18 amended as follows:

19 (1) Subsection (a) is amended to read as fol20 lows:

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

22 801(b)(1) concerning the adjustment of royalty rates as

23 provided in sections 115 and 116, and with respect to pro24 ceedings under subparagraphs (A) and (D) of section

25 801(b)(2), during the calendar years specified in the
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1 schedule set forth in paragraphs (2), (3), and (4), any

2 owner or user of a copyrighted work whose royalty rates

3 are specified by this title, established by the Copyright

4 Royalty Tribunal before the date of the enactment of the

5 Copyright Royalty Tribunal Reform Act of 1993, or estab6 lished by a copyright arbitration royalty panel after such

7 date of enactment, may file a petition with the Librarian

8 of Congress declaring that the petitioner requests an ad9 justment of the rate. The Librarian of Congress shall,

10 upon the recommendation of the Register of Copyrights,

11 make a determination as to whether the petitioner has

12 such a significant interest in the royalty rate in which an

13 adjustment is requested. If the Librarian determines that

14 the petitioner has such a significant interest, the Librarian

15 shall cause notice of this determination, with the reasons

16 therefor, to be published in the Federal Register, together

17 with the notice of commencement of proceedings under

18 this chapter.

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

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

21 during 1995 and in each subsequent fifth calendar year.

22 ‘‘(3) In proceedings under section 801(b)(1) concern23 ing the adjustment of royalty rates as provided in section

24 115, a petition described in paragraph (1) may be filed

25 in 1997 and in each subsequent tenth calendar year.
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1 ‘‘(4)(A) In proceedings under section 801(b)(1) con2 cerning the adjustment of royalty rates as provided in sec3 tion 116, a petition described in paragraph (1) may be

4 filed at any time within 1 year after negotiated licenses

5 authorized by section 116 are terminated or expire and

6 are not replaced by subsequent agreements.

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

8 is terminated or expires and is not replaced by another

9 such license agreement which provides permission to use

10 a quantity of musical works not substantially smaller than

11 the quantity of such works performed on coin-operated

12 phonorecord players during the 1-year period ending

13 March 1, 1989, the Librarian of Congress shall, upon peti14 tion filed under paragraph (1) within 1 year after such

15 termination or expiration, convene a copyright arbitration

16 royalty panel. The arbitration panel shall promptly estab17 lish an interim royalty rate or rates for the public perform18 ance by means of a coin-operated phonorecord player of

19 non-dramatic musical works embodied in phonorecords

20 which had been subject to the terminated or expired nego21 tiated license agreement. Such rate or rates shall be the

22 same as the last such rate or rates and shall remain in

23 force until the conclusion of proceedings by the arbitration

24 panel, in accordance with section 802, to adjust the roy25 alty rates applicable to such works, or until superseded
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1 by a new negotiated license agreement, as provided in sec2 tion 116(b).’’.

3 (2) Subsection (b) is amended—

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

5 ‘‘subparagraph’’;

6 (B) by striking ‘‘Tribunal’’ the first place

7 it appears and inserting ‘‘Copyright Royalty

8 Tribunal or the Librarian of Congress’’;

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

10 third places it appears and inserting ‘‘Librar11 ian’’;

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

13 appears and inserting ‘‘Copyright Royalty Tri14 bunal or the Librarian of Congress’’; and

15 (E) by striking ‘‘(a)(2), above’’ and insert16 ing ‘‘subsection (a) of this section’’.

17 (3) Subsection (c) is amended by striking ‘‘Tri18 bunal’’ and inserting ‘‘Librarian of Congress’’.

19 (4) Subsection (d) is amended—

20 (A) by striking ‘‘Chairman of the Tribu21 nal’’ and inserting ‘‘Librarian of Congress’’;

22 and

23 (B) by striking ‘‘determination by the Tri24 bunal’’ and inserting ‘‘a determination’’.
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1 (5) Section 804 is further amended by striking

2 subsection (e).

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

4 United States Code, and the items relating to such sec5 tions in the table of sections at the beginning of chapter

6 8 of such title, are repealed.

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

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

9 is amended by striking the items relating to sections 801

10 and 802 and inserting the following:

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

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

11 SEC. 3. JUKEBOX LICENSES.

12 (a) REPEAL OF COMPULSORY LICENSE.—Section

13 116 of title 17, United States Code, and the item relating

14 to section 116 in the table of sections at the beginning

15 of chapter 1 of such title, are repealed.

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

17 title 17, United States Code, is amended—

18 (A) by redesignating such section as section

19 116;

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

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

22 respectively;
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1 (C) in subsection (b)(2) (as so redesignated) by

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

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

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

5 (i) in the subsection caption by striking

6 ‘‘ROYALTY TRIBUNAL’’ and inserting ‘‘ARBI7 TRATION ROYALTY PANEL’’;

8 (ii) by striking ‘‘subsection (c)’’ and insert9 ing ‘‘subsection (b)’’; and

10 (iii) by striking ‘‘the Copyright Royalty

11 Tribunal’’ and inserting ‘‘a copyright arbitra12 tion royalty panel’’; and

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

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

15 1 of title 17, United States Code, is amended by striking

16 ‘‘116A’’ and inserting ‘‘116’’.

17 SEC. 4. PUBLIC BROADCASTING COMPULSORY LICENSE.

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

19 amended—

20 (1) in subsection (b)—

21 (A) by striking the first 2 sentences;

22 (B) in the third sentence by striking

23 ‘‘works specified by this subsection’’ and insert24 ing ‘‘published nondramatic musical works and
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1 published pictorial, graphic, and sculptural

2 works’’;

3 (C) in paragraph (1)—

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

5 within one hundred and twenty days after

6 publication of the notice specified in this

7 subsection,’’; and

8 (ii) by striking ‘‘Copyright Royalty

9 Tribunal’’ each place it appears and insert10 ing ‘‘Librarian of Congress’’;

11 (D) in paragraph (2) by striking ‘‘Tribu12 nal’’ and inserting ‘‘Librarian of Congress’’;

13 (E) in paragraph (3)—

14 (i) by striking the first sentence and

15 inserting the following: ‘‘In the absence of

16 license agreements negotiated under para17 graph (2), the Librarian of Congress shall,

18 pursuant to chapter 8, convene a copyright

19 arbitration royalty panel to determine and

20 publish in the Federal Register a schedule

21 of rates and terms which, subject to para22 graph (2), shall be binding on all owners of

23 copyright in works specified by this sub24 section and public broadcasting entities,

25 regardless of whether such copyright own-
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1 ers have submitted proposals to the Li2 brarian of Congress.’’;

3 (ii) in the second sentence—

4 (I) by striking ‘‘Copyright Roy5 alty Tribunal’’ and inserting ‘‘copy6 right arbitration royalty panel’’; and

7 (II) by striking ‘‘clause (2) of

8 this subsection’’ and inserting ‘‘para9 graph (2)’’; and

10 (iii) in the last sentence by striking

11 ‘‘Copyright Royalty Tribunal’’ and insert12 ing ‘‘Librarian of Congress’’; and

13 (F) by striking paragraph (4);

14 (2) in subsection (c)—

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

16 ‘‘1997’’; and

17 (B) by striking ‘‘Copyright Royalty Tribu18 nal’’ and inserting ‘‘Librarian of Congress’’;

19 (3) in subsection (d)—

20 (A) by striking ‘‘to the transitional provi21 sions of subsection (b)(4), and’’;

22 (B) by striking ‘‘the Copyright Royalty

23 Tribunal’’ and inserting ‘‘a copyright arbitra24 tion royalty panel’’; and
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1 (C) in paragraphs (2) and (3) by striking

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

3 ‘‘paragraph’’; and

4 (4) in subsection (g) by striking ‘‘clause’’ and

5 inserting ‘‘paragraph’’.

6 SEC. 5. 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 ‘‘Librar17 ian of Congress’’;

18 (C) in paragraph (3) by striking ‘‘Copy19 right Royalty Tribunal’’ and inserting ‘‘Librar20 ian of Congress’’; and

21 (D) in paragraph (4)—

22 (i) by striking ‘‘Copyright Royalty

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

2 it appears and inserting ‘‘Librarian of

3 Congress’’; and

4 (iii) in subparagraph (B) by striking

5 ‘‘conduct a proceeding’’ in the last sen6 tence and inserting ‘‘convene a copyright

7 arbitration royalty panel’’; and

8 (2) in subsection (c)—

9 (A) in the subsection caption by striking

10 ‘‘DETERMINATION’’ and inserting ‘‘ADJUST11 MENT’’;

12 (B) in paragraph (2) by striking ‘‘Copy13 right Royalty Tribunal’’ each place it appears

14 and inserting ‘‘Librarian of Congress’’;

15 (C) in paragraph (3)—

16 (i) in subparagraph (A)—

17 (I) by striking ‘‘Copyright Roy18 alty Tribunal’’ and inserting ‘‘Librar19 ian of Congress’’; and

20 (II) by striking the last sentence

21 and inserting the following: ‘‘Such ar22 bitration proceeding shall be con23 ducted under chapter 8.’’;

24 (ii) by striking subparagraphs (B) and

25 (C);
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1 (iii) in subparagraph (D)—

2 (I) by redesignating such sub3 paragraph as subparagraph (B); and

4 (II) by striking ‘‘Arbitration

5 Panel’’ and inserting ‘‘copyright arbi6 tration royalty panel appointed under

7 chapter 8’’;

8 (iv) by striking subparagraphs (E)

9 and (F);

10 (v) by amending subparagraph (G) to

11 read as follows:

12 ‘‘(C) PERIOD DURING WHICH DECISION OF

13 ARBITRATION PANEL OR ORDER OF LIBRARIAN

14 EFFECTIVE.—The obligation to pay the royalty

15 fee established under a determination which—

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

17 royalty panel in an arbitration proceeding

18 under this paragraph and is adopted by

19 the Librarian of Congress under section

20 802(e), or

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

22 Congress under section 802(e),

23 shall become effective as provided in section

24 802(f).’’; and

25 (vi) in subparagraph (H)—
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1 (I) by redesignating such sub2 paragraph as subparagraph (D); and

3 (II) by striking ‘‘adopted or or4 dered under subparagraph (F)’’ and

5 inserting ‘‘referred to in subparagraph

6 (C)’’; and

7 (D) by striking paragraph (4).

8 SEC. 6. CONFORMING AMENDMENTS.

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

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

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

12 after consultation with the Copyright Royalty Tribu13 nal (if and when the Tribunal has been con14 stituted),’’.

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

16 after consultation with the Copyright Royalty Tribu17 nal (if and when the Tribunal has been con18 stituted),’’.

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

20 second and third sentences and by inserting the fol21 lowing: ‘‘All funds held by the Secretary of the

22 Treasury shall be invested in interest-bearing United

23 States securities for later distribution with interest

24 by the Librarian of Congress in the event no con25 troversy over distribution exists, or by a copyright
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1 arbitration royalty panel in the event a controversy

2 over such distribution exists.’’.

3 (4) Paragraph (4)(A) is amended—

4 (A) by striking ‘‘Copyright Royalty Tribu5 nal’’ and inserting ‘‘Librarian of Congress’’;

6 and

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

8 ‘‘Librarian of Congress’’.

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

10 follows:

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

12 year, the Librarian of Congress shall, upon the

13 recommendation of the Register of Copyrights,

14 determine whether there exists a controversy

15 concerning the distribution of royalty fees. If

16 the Librarian determines that no such con17 troversy exists, the Librarian shall, after de18 ducting reasonable administrative costs under

19 this section, distribute such fees to the copy20 right owners entitled to such fees, or to their

21 designated agents. If the Librarian finds the ex22 istence of a controversy, the Librarian shall,

23 pursuant to chapter 8 of this title, convene a

24 copyright arbitration royalty panel to determine

25 the distribution of royalty fees.’’.
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1 (6) Paragraph (4)(C) is amended by striking

2 ‘‘Copyright Royalty Tribunal’’ and inserting ‘‘Li3 brarian of Congress’’.

4 (b) AUDIO HOME RECORDING ACT.—

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

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

7 (A) by striking ‘‘Copyright Royalty Tribu8 nal’’ and inserting ‘‘Librarian of Congress’’;

9 and

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

11 ‘‘Librarian of Congress’’.

12 (2) DEPOSIT OF ROYALTY PAYMENTS.—Section

13 1005 of title 17, United States Code, is amended by

14 striking the last sentence.

15 (3) ENTITLEMENT TO ROYALTY PAYMENTS.—

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

17 amended by striking ‘‘Copyright Royalty Tribunal’’

18 and inserting ‘‘Librarian of Congress shall convene

19 a copyright arbitration royalty panel which’’.

20 (4) PROCEDURES FOR DISTRIBUTING ROYALTY

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

22 Code, is amended—

23 (A) in subsection (a)(1)—
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1 (i) by striking ‘‘Copyright Royalty

2 Tribunal’’ and inserting ‘‘Librarian of

3 Congress’’; and

4 (ii) by striking ‘‘Tribunal’’ and insert5 ing ‘‘Librarian of Congress’’;

6 (B) in subsection (b)—

7 (i) by striking ‘‘Copyright Royalty

8 Tribunal’’ and inserting ‘‘Librarian of

9 Congress’’; and

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

11 it appears and inserting ‘‘Librarian of

12 Congress’’; and

13 (C) in subsection (c)—

14 (i) by striking the first sentence and

15 inserting ‘‘If the Librarian of Congress

16 finds the existence of a controversy, the Li17 brarian shall, pursuant to chapter 8 of this

18 title, convene a copyright arbitration roy19 alty panel to determine the distribution of

20 royalty payments.’’;

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

22 it appears and inserting ‘‘Librarian of

23 Congress’’; and

24 (iii) in the last sentence by striking

25 ‘‘its reasonable administrative costs’’ and
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1 inserting ‘‘the reasonable administrative

2 costs incurred by the Librarian’’.

3 (5) ARBITRATION OF CERTAIN DISPUTES.—Sec4 tion 1010 of title 17, United States Code, is amend5 ed—

6 (A) in subsection (b)—

7 (i) by striking ‘‘Copyright Royalty

8 Tribunal’’ and inserting ‘‘Librarian of

9 Congress’’; and

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

11 it appears and inserting ‘‘Librarian of

12 Congress’’;

13 (B) in subsection (e)—

14 (i) in the subsection caption by strik15 ing ‘‘COPYRIGHT ROYALTY TRIBUNAL’’

16 and inserting ‘‘LIBRARIAN OF CONGRESS’’;

17 and

18 (ii) by striking ‘‘Copyright Royalty

19 Tribunal’’ and inserting ‘‘Librarian of

20 Congress’’;

21 (C) in subsection (f)—

22 (i) in the subsection caption by strik23 ing ‘‘COPYRIGHT ROYALTY TRIBUNAL’’

24 and inserting ‘‘LIBRARIAN OF CONGRESS’’;
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1 (ii) by striking ‘‘Copyright Royalty

2 Tribunal’’ and inserting ‘‘Librarian of

3 Congress’’;

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

5 it appears and inserting ‘‘Librarian of

6 Congress’’; and

7 (iv) in the third sentence by striking

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

9 (D) in subsection (g)—

10 (i) by striking ‘‘Copyright Royalty

11 Tribunal’’ and inserting ‘‘Librarian of

12 Congress’’;

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

14 and inserting ‘‘decision of the Librarian of

15 Congress’’; and

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

17 it appears and inserting ‘‘Librarian of

18 Congress’’.

19 SEC. 7. EFFECTIVE DATE AND TRANSITION PROVISIONS.

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

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

22 (b) EFFECTIVENESS OF EXISTING RATES AND DIS23 TRIBUTIONS.—All royalty rates and all determinations

24 with respect to the proportionate division of compulsory

25 license fees among copyright claimants, whether made by
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1 the Copyright Royalty Tribunal, or by voluntary agree2 ment, before the effective date set forth in subsection (a)

3 shall remain in effect until modified by voluntary agree4 ment or pursuant to the amendments made by this Act.

5 (c) TRANSFER OF APPROPRIATIONS.—All unex6 pended balances of appropriations made to the Copyright

7 Royalty Tribunal, as of the effective date of this Act, are

8 transferred on such effective date to the Copyright Office

9 for use by the Copyright Office for the purposes for which

10 such appropriations were made.

Passed the House of Representatives October 12,

1993.

Attest:

Clerk.

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