103D CONGRESS
1ST SESSION
H. R. 2840
AN ACT
To amend title 17, United States Code, to establish copyright
arbitration royalty panels to replace the Copyright Roy-
alty Tribunal, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Copyright Royalty Tri-
bunal Reform Act of 1993’’.
SEC. 2. COPYRIGHT ARBITRATION ROYALTY PANELS.
(a) ESTABLISHMENT AND PURPOSE.—Section 801 of
title 17, United States Code, is amended as follows:
(1) The section designation and heading are
amended to read as follows:
‘‘§ 801. Copyright arbitration royalty panels: estab-
lishment and purpose’’.
(2) Subsection (a) is amended to read as fol-
lows:
‘‘(a) ESTABLISHMENT.—The Librarian of Congress,
upon the recommendation of the Register of Copyrights,
is authorized to appoint and convene copyright arbitration
royalty panels.’’.
(3) Subsection (b) is amended—
(A) by inserting ‘‘PURPOSES.—’’ after
‘‘(b)’’;
(B) in the matter preceding paragraph (1),
by striking ‘‘Tribunal’’ and inserting ‘‘copyright
arbitration royalty panels’’;
(C) in paragraph (2)—
(i) in subparagraph (A), by striking
‘‘Commission’’ and inserting ‘‘copyright ar-
bitration royalty panels’’; and
(ii) in subparagraph (B), by striking
‘‘Copyright Royalty Tribunal’’ and insert-
ing ‘‘copyright arbitration royalty panels’’;
(D) in paragraph (3), by striking ‘‘In de-
termining’’ and all that follows through the end
of the paragraph; and
(E) in paragraph (4) by striking ‘‘to deter-
mine’’ and all that follows through ‘‘chapter
10’’ and inserting ‘‘and to determine the dis-
tribution of such payments.’’.
(4) By amending subsection (c) to read as fol-
lows:
‘‘(c) RULINGS.—The Librarian of Congress, upon the
recommendation of the Register of Copyrights, may, be-
fore a copyright arbitration royalty panel is convened,
make any necessary procedural or evidentiary rulings that
would apply to the proceedings conducted by such panel.’’.
(b) MEMBERSHIP AND PROCEEDINGS.—Section 802
of title 17, United States Code, is amended to read as
follows:
‘‘§ 802. Membership and proceedings of copyright ar-
bitration royalty panels
‘‘(a) COMPOSITION
OF COPYRIGHT ARBITRATION
ROYALTY PANELS.—A copyright arbitration royalty panel
shall consist of 3 arbitrators selected by the Librarian of
Congress pursuant to subsection (b).
‘‘(b) SELECTION
OF ARBITRATION PANEL.—Not
later than 10 days after publication of a notice initiating
an arbitration proceeding under section 804, and in ac-
cordance with procedures specified by the Register of
Copyrights, the Librarian of Congress shall, upon the rec-
ommendation of the Register of Copyrights, select 2 arbi-
trators from lists of arbitrators provided to the Librarian
by parties participating in the arbitration and by profes-
sional arbitration associations or such similar organiza-
tions as the Librarian shall select. The 2 arbitrators so
selected shall, within 10 days after their selection, choose
a third arbitrator from the same lists, who shall serve as
the chairperson of the arbitrators. If such 2 arbitrators
fail to agree upon the selection of a third arbitrator, the
Librarian of Congress shall promptly select the third arbi-
trator.
‘‘(c) ARBITRATION PROCEEDINGS.—Copyright arbi-
tration royalty panels shall conduct arbitration proceed-
ings, in accordance with such procedures as they may
adopt, for the purpose of making their determinations in
carrying out the purposes set forth in section 801. The
arbitration panels shall act on the basis of a fully docu-
mented written record, prior decisions of the Copyright
Royalty Tribunal, prior copyright arbitration panel deter-
minations, and rulings by the Librarian of Congress under
section 801(c). Any copyright owner who claims to be enti-
tled to royalties under section 111, 116, or 119, or any
interested copyright party who claims to be entitled to roy-
alties under section 1006, may submit relevant informa-
tion and proposals to the arbitration panels in proceedings
applicable to such copyright owner or interested copyright
party, and any other person participating in arbitration
proceedings may submit such relevant information and
proposals to the arbitration panel conducting the proceed-
ings. The parties to the proceedings shall bear the entire
cost thereof in such manner and proportion as the arbitra-
tion panels shall direct.
‘‘(d) REPORT TO THE LIBRARIAN OF CONGRESS.—
Not later than 180 days after publication of the notice
initiating an arbitration proceeding, the copyright arbitra-
tion royalty panel conducting the proceeding shall report
to the Librarian of Congress its determination concerning
the royalty fee or distribution of royalty fees, as the case
may be. Such report shall be accompanied by the written
record, and shall set forth the facts that the arbitration
panel found relevant to its determination.
‘‘(e) ACTION BY LIBRARIAN OF CONGRESS.—Within
60 days after receiving the report of a copyright arbitra-
tion royalty panel under subsection (d), the Librarian of
Congress, upon the recommendation of the Register of
Copyrights, shall adopt or reject the determination of the
arbitration panel. The Librarian shall adopt the deter-
mination of the arbitration panel unless the Librarian
finds that the determination is arbitrary. If the Librarian
rejects the determination of the arbitration panel, the Li-
brarian shall, before the end of that 60-day period, and
after full examination of the record created in the arbitra-
tion proceeding, issue an order setting the royalty fee or
distribution of fees, as the case may be. The Librarian
shall cause to be published in the Federal Register the
determination of the arbitration panel, and the decision
of the Librarian (including an order issued under the pre-
ceding sentence). The Librarian shall also publicize such
determination and decision in such other manner as the
Librarian considers appropriate. The Librarian shall also
make the report of the arbitration panel and the accom-
panying record available for public inspection and copying.
‘‘(f) JUDICIAL REVIEW.—Any decision of the Librar-
ian of Congress under subsection (e) with respect to a de-
termination of an arbitration panel may be appealed, by
any aggrieved party who would be bound by the deter-
mination, to the United States Court of Appeals for the
District of Columbia Circuit, within 30 days after the pub-
lication of the decision in the Federal Register. If no ap-
peal is brought within such 30-day period, the decision of
the Librarian is final, and the royalty fee or determination
with respect to the distribution of fees, as the case may