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set forth in subparagraph (A), the Copyright
Royalty Judges shall impose a fine on that par-
ticipant in an amount not to exceed the dif-
ference between the actual amount distributed
and the amount asserted by the participant.
‘‘(5) PAPER PROCEEDINGS.—The Copyright Roy-
alty Judges in proceedings under this chapter may
decide, sua sponte or upon motion of a participant,
to determine issues on the basis of the filing of the
written direct statement by the participant, the re-
sponse by any opposing participant, and one addi-
tional response by each such participant. Prior to
making such decision to proceed on such a paper
record only, the Copyright Royalty Judges shall offer
to all parties to the proceeding the opportunity to
comment on the decision. The procedure under this
paragraph—
‘‘(A) shall be applied in cases in which
there is no genuine issue of material fact, there
is no need for evidentiary hearings, and all par-
ticipants in the proceeding agree in writing to
the procedure; and
‘‘(B) may be applied under such other cir-
cumstances as the Copyright Royalty Judges
consider appropriate.
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‘‘(6) REGULATIONS.—
‘‘(A) IN GENERAL.—The Copyright Royalty
Judges may issue regulations to carry out their
functions under this title. All regulations issued
by the Copyright Royalty Judges are subject to
the approval of the Librarian of Congress. Not
later than 120 days after Copyright Royalty
Judges or interim Copyright Royalty Judges, as
the case may be, are first appointed after the en-
actment of the Copyright Royalty and Distribu-
tion Reform Act of 2004, such judges shall issue
regulations to govern proceedings under this
chapter.
‘‘(B) INTERIM REGULATIONS.—Until regu-
lations are adopted under subparagraph (A), the
Copyright Royalty Judges shall apply the regu-
lations in effect under this chapter on the day
before the effective date of the Copyright Royalty
and Distribution Reform Act of 2004, to the ex-
tent such regulations are not inconsistent with
this chapter, except that functions carried out
under such regulations by the Librarian of Con-
gress, the Register of Copyrights, or copyright ar-
bitration royalty panels that, as of such date of
enactment, are to be carried out by the Copy-
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right Royalty Judges under this chapter, shall be
carried out by the Copyright Royalty Judges
under such regulations.
‘‘(C) REQUIREMENTS.—Regulations issued
under subparagraph (A) shall include the fol-
lowing:
‘‘(i) The written direct statements of
all participants in a proceeding under
paragraph (2) shall be filed by a date speci-
fied by the Copyright Royalty Judges,
which may be not earlier than 4 months,
and not later than 5 months, after the end
of the voluntary negotiation period under
paragraph (3). Notwithstanding the pre-
ceding sentence, the Copyright Royalty
Judges may allow a participant in a pro-
ceeding to file an amended written direct
statement based on new information re-
ceived during the discovery process, within
15 days after the end of the discovery period
specified in clause (iii).
‘‘(ii)(I) Following the submission to
the Copyright Royalty Judges of written di-
rect statements by the participants in a
proceeding under paragraph (2), the judges
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shall meet with the participants for the pur-
pose of setting a schedule for conducting
and completing discovery. Such schedule
shall be determined by the Copyright Roy-
alty Judges.
‘‘(II) In this chapter, the term ‘written
direct statements’ means witness statements,
testimony, and exhibits to be presented in
the proceedings, and such other information
that is necessary to establish terms and
rates, or the distribution of royalty pay-
ments, as the case may be, as set forth in
regulations issued by the Copyright Royalty
Judges.
‘‘(iii) Hearsay may be admitted in
proceedings under this chapter to the extent
deemed appropriate by the Copyright Roy-
alty Judges.
‘‘(iv) Discovery in such proceedings
shall be permitted for a period of 60 days,
except for discovery ordered by the Copy-
right Royalty Judges in connection with the
resolution of motions, orders and disputes
pending at the end of such period.
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‘‘(v) Any participant under paragraph
(2) in a proceeding under this chapter to
determine royalty rates may request of an
opposing participant nonprivileged docu-
ments directly related to the written direct
statement or written rebuttal statement of
that participant. Any objection to such a
request shall be resolved by a motion or re-
quest to compel production made to the
Copyright Royalty Judges according to reg-
ulations adopted by the Copyright Royalty
Judges. Each motion or request to compel
discovery shall be determined by the Copy-
right Royalty Judges, or by a Copyright
Royalty Judge when permitted under sub-
section (a)(2). Upon such motion, the Copy-
right Royalty Judges may order discovery
pursuant to regulations established under
this paragraph.
‘‘(vi)(I) Any participant under para-
graph (2) in a proceeding under this chap-
ter to determine royalty rates may, by
means of written motion or on the record,
request of an opposing participant or wit-
ness other relevant information and mate-
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rials if absent the discovery sought the
Copyright Royalty Judges’ resolution of the
proceeding would be substantially impaired.
In determining whether discovery will be
granted under this clause, the Copyright
Royalty Judges may consider—
‘‘(aa) whether the burden or ex-
pense of producing the requested infor-
mation or materials outweighs the like-
ly benefit, taking into account the
needs and resources of the participants,
the importance of the issues at stake,
and the probative value of the re-
quested information or materials in re-
solving such issues;
‘‘(bb) whether the requested infor-
mation or materials would be unrea-
sonably cumulative or duplicative, or
are obtainable from another source that
is more convenient, less burdensome, or
less expensive; and
‘‘(cc) whether the participant seek-
ing discovery has had ample oppor-
tunity by discovery in the proceeding
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or by other means to obtain the infor-
mation sought.
‘‘(II) This clause shall not apply to
any proceeding scheduled to commence after
December 31, 2010.
‘‘(vii) In a proceeding under this chap-
ter to determine royalty rates, the partici-
pants entitled to receive royalties shall col-
lectively be permitted to take no more than
10 depositions and secure responses to no
more than 25 interrogatories and the par-
ticipants obligated to pay royalties shall
collectively be permitted to take no more
than 10 depositions and secure responses to
no more than 25 interrogatories. The Copy-
right Royalty Judges shall resolve any dis-
putes among similarly aligned participants
to allocate the number of depositions or in-
terrogatories permitted under this clause.
‘‘(viii) The rules and practices in effect
on the day before the effective date of the
Copyright Royalty and Distribution Reform
Act of 2004, relating to discovery in pro-
ceedings under this chapter to determine the
distribution of royalty fees, shall continue to
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apply to such proceedings on and after such
effective date.
‘‘(ix) In proceedings to determine roy-
alty rates, the Copyright Royalty Judges
may issue a subpoena commanding a par-
ticipant or witness to appear and give testi-
mony or to produce and permit inspection
of documents or tangible things if the Copy-
right Royalty Judges’ resolution of the pro-
ceeding would be substantially impaired by
the absence of such testimony or production
of documents or tangible things. Such sub-
poena shall specify with reasonable particu-
larity the materials to be produced or the
scope and nature of the required testimony.
Nothing in this subparagraph shall preclude
the Copyright Royalty Judges from request-
ing the production by a nonparticipant of
information or materials relevant to the res-
olution by the Copyright Royalty Judges of
a material issue of fact.
‘‘(x) The Copyright Royalty Judges
shall order a settlement conference among
the participants in the proceeding to facili-
tate the presentation of offers of settlement
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among the participants. The settlement con-
ference shall be held during a 21-day period
following the end of the discovery period
and shall take place outside the presence of
the Copyright Royalty Judges.
‘‘(xi) No evidence, including exhibits,
may be submitted in the written direct
statement or written rebuttal statement of a
participant without a sponsoring witness,
except where the Copyright Royalty Judges
have taken official notice, or in the case of
incorporation by reference of past records,
or for good cause shown.
‘‘(c) 
DETERMINATION
OF
COPYRIGHT
ROYALTY
JUDGES.—
‘‘(1) TIMING.—The Copyright Royalty Judges
shall issue their determination in a proceeding not
later than 11 months after the conclusion of the 21-
day settlement conference period under subsection
(b)(3)(C)(x), but, in the case of a proceeding to deter-
mine successors to rates or terms that expire on a
specified date, in no event later than 15 days before
the expiration of the then current statutory rates and
terms.
‘‘(2) REHEARINGS.—
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‘‘(A) IN GENERAL.—The Copyright Royalty
Judges may, in exceptional cases, upon motion
of a participant under subsection (b)(2), order a
rehearing, after the determination in a pro-
ceeding is issued under paragraph (1), on such
matters as the Copyright Royalty Judges deter-
mine to be appropriate.
‘‘(B) TIMING
FOR
FILING
MOTION.—Any
motion for a rehearing under subparagraph (A)
may only be filed within 15 days after the date
on which the Copyright Royalty Judges deliver
their initial determination concerning rates and
terms to the participants in the proceeding.
‘‘(C) PARTICIPATION
BY
OPPOSING
PARTY
NOT REQUIRED.—In any case in which a rehear-
ing is ordered, any opposing party shall not be
required to participate in the rehearing, except
as provided under subsection (d)(1).
‘‘(D) NO NEGATIVE INFERENCE.—No nega-
tive inference shall be drawn from lack of par-
ticipation in a rehearing.
‘‘(E) CONTINUITY OF RATES AND TERMS.—
(i) If the decision of the Copyright Royalty
Judges on any motion for a rehearing is not ren-
dered before the expiration of the statutory rates
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and terms that were previously in effect, in the
case of a proceeding to determine successors to
rates and terms that expire on a specified date,
then—
‘‘(I) the initial determination of the
Copyright Royalty Judges that is the sub-
ject of the rehearing motion shall be effective
as of the day following the date on which
the rates and terms that were previously in
effect expire; and
‘‘(II) in the case of a proceeding under
section 114(f)(1)(C) or 114(f)(2)(C), royalty
rates and terms shall, for purposes of sec-
tion 114(f)(4)(B), be deemed to have been
set at those rates and terms contained in the
initial determination of the Copyright Roy-
alty Judges that is the subject of the rehear-
ing motion, as of the date of that deter-
mination.
‘‘(ii) The pendency of a motion for a re-
hearing under this paragraph shall not relieve
persons obligated to make royalty payments who
would be affected by the determination on that
motion from providing the statements of account
and any reports of use, to the extent required,
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and paying the royalties required under the rel-
evant determination or regulations.
‘‘(iii) Notwithstanding clause (ii), whenever
royalties described in clause (ii) are paid to a
person other than the Copyright Office, the entity
designated by the Copyright Royalty Judges to
which such royalties are paid by the copyright
user (and any successor thereto) shall, within 60
days after the motion for rehearing is resolved
or, if the motion is granted, within 60 days after
the rehearing is concluded, return any excess
amounts previously paid to the extent necessary
to comply with the final determination of roy-
alty rates by the Copyright Royalty Judges. Any
underpayment of royalties resulting from a re-
hearing shall be paid within the same period.
‘‘(3) CONTENTS OF DETERMINATION.—A deter-
mination of the Copyright Royalty Judges shall be
supported by the written record and shall set forth the
findings of fact relied on by the Copyright Royalty
Judges. Among other terms adopted in a determina-
tion, the Copyright Royalty Judges may specify no-
tice and recordkeeping requirements of users of the
copyrights at issue that apply in lieu of those that
would otherwise apply under regulations.
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‘‘(4) CONTINUING JURISDICTION.—The Copyright
Royalty Judges may, with the approval of the Reg-
ister of Copyrights, issue an amendment to a written
determination to correct any technical or clerical er-
rors in the determination or to modify the terms, but
not the rates, of royalty payments in response to un-
foreseen circumstances that would frustrate the proper
implementation of such determination. Such amend-
ment shall be set forth in a written addendum to the
determination that shall be distributed to the partici-
pants of the proceeding and shall be published in the
Federal Register.
‘‘(5) PROTECTIVE ORDER.—The Copyright Roy-
alty Judges may issue such orders as may be appro-
priate to protect confidential information, including
orders excluding confidential information from the
record of the determination that is published or made
available to the public, except that any terms or rates
of royalty payments or distributions may not be ex-
cluded.
‘‘(6) PUBLICATION
OF
DETERMINATION.—Fol-
lowing review of the determination by the Register of
Copyrights under section 802(f)(1)(D), the Librarian
of Congress shall cause the determination, and any
corrections thereto, to be published in the Federal
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Register. The Librarian of Congress shall also pub-
licize the determination and corrections in such other
manner as the Librarian considers appropriate, in-
cluding, but not limited to, publication on the Inter-
net. The Librarian of Congress shall also make the de-
termination, corrections, and the accompanying
record available for public inspection and copying.
‘‘(7) LATE PAYMENT.—A determination of Copy-
right Royalty Judges may include terms with respect
to late payment, but in no way shall such terms pre-
vent the copyright holder from asserting other rights
or remedies provided under this title.
‘‘(d) JUDICIAL REVIEW.—
‘‘(1) APPEAL.—Any determination of the Copy-
right Royalty Judges under subsection (c) may, with-
in 30 days after the publication of the determination
in the Federal Register, be appealed, to the United
States Court of Appeals for the District of Columbia
Circuit, by any aggrieved participant in the pro-
ceeding under subsection (b)(2) who fully participated
in the proceeding and who would be bound by the de-
termination. Any participant that did not partici-
pate in a rehearing may not raise any issue that was
the subject of that rehearing at any stage of judicial
review of the hearing determination. If no appeal is
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brought within that 30-day period, the determination
of the Copyright Royalty Judges shall be final, and
the royalty fee or determination with respect to the
distribution of fees, as the case may be, shall take ef-
fect as set forth in paragraph (2).
‘‘(2) EFFECT OF RATES.—
‘‘(A) EXPIRATION
ON
SPECIFIED
DATE.—
When this title provides that the royalty rates
and terms that were previously in effect are to
expire on a specified date, any adjustment or de-
termination by the Copyright Royalty Judges of
successor rates and terms for an ensuing statu-
tory license period shall be effective as of the day
following the date of expiration of the rates and
terms that were previously in effect, even if the
determination of the Copyright Royalty Judges
is rendered on a later date. A transmission serv-
ice shall be obligated to continue making pay-
ments under the rates and terms previously in
effect until such time as rates and terms for the
successor period are established. Whenever royal-
ties pursuant to this section are paid to a person
other than the Copyright Office, the entity des-
ignated by the Copyright Royalty Judges to
which such royalties are paid by the copyright
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user (and any successor thereto) shall, within 60
days after the final determination of the Copy-
right Royalty Judges establishing rates and
terms for a successor period or the exhaustion of
all rehearings or appeals of such determination,
if any, return any excess amounts previously
paid to the extent necessary to comply with the
final determination of royalty rates. Any under-
payment of royalties by a copyright user shall be
paid to the entity designated by the Copyright
Royalty Judges within the same period.
‘‘(B) OTHER CASES.—In cases where rates
and terms have not, prior to the inception of an
activity, been established for that particular ac-
tivity under the relevant license, such rates and
terms shall be retroactive to the inception of ac-
tivity under the relevant license covered by such
rates and terms. In other cases where rates and
terms do not expire on a specified date, successor
rates and terms shall take effect on the first day
of the second month that begins after the publica-
tion of the determination of the Copyright Roy-
alty Judges in the Federal Register, except as
otherwise provided in this title, or by the Copy-
right Royalty Judges, or as agreed by the par-
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ticipants in a proceeding that would be bound by
the rates and terms. Except as otherwise pro-
vided in this title, the rates and terms, to the ex-
tent applicable, shall remain in effect until such
successor rates and terms become effective.
‘‘(C) OBLIGATION TO MAKE PAYMENTS.—
‘‘(i) The pendency of an appeal under
this subsection shall not relieve persons obli-
gated to make royalty payments under sec-
tion 111, 112, 114, 115, 116, 118, 119, or
1003, who would be affected by the deter-
mination on appeal, from—
‘‘(I) providing the statements of
account and any report of use; and
‘‘(II) paying the royalties re-
quired under the relevant determina-
tion or regulations.
‘‘(ii) Notwithstanding clause (i), whenever
royalties described in clause (i) are paid to a
person other than the Copyright Office, the entity
designated by the Copyright Royalty Judges to
which such royalties are paid by the copyright
user (and any successor thereto) shall, within 60
days after the final resolution of the appeal, re-
turn any excess amounts previously paid (and
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interest thereon, if ordered pursuant to para-
graph (3)) to the extent necessary to comply with
the final determination of royalty rates on ap-
peal. Any underpayment of royalties resulting
from an appeal (and interest thereon, if ordered
pursuant to paragraph (3)) shall be paid within
the same period.
‘‘(3) JURISDICTION
OF
COURT.—If the court,
pursuant to section 706 of title 5, modifies or vacates
a determination of the Copyright Royalty Judges, the
court may enter its own determination with respect
to the amount or distribution of royalty fees and
costs, and order the repayment of any excess fees, the
payment of any underpaid fees, and the payment of
interest pertaining respectively thereto, in accordance
with its final judgment. The court may also vacate
the determination of the Copyright Royalty Judges
and remand the case to the Copyright Royalty Judges
for further proceedings in accordance with subsection
(a).
‘‘(e) ADMINISTRATIVE MATTERS.—
‘‘(1) DEDUCTION OF COSTS OF LIBRARY OF CON-
GRESS AND COPYRIGHT OFFICE FROM FILING FEES.—
‘‘(A) DEDUCTION FROM FILING FEES.—The
Librarian of Congress may, to the extent not oth-
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erwise provided under this title, deduct from the
filing fees collected under subsection (b) for a
particular proceeding under this chapter the rea-
sonable costs incurred by the Librarian of Con-
gress, the Copyright Office, and the Copyright
Royalty Judges in conducting that proceeding,
other than the salaries of the Copyright Royalty
Judges and the 3 staff members appointed under
section 802(b).
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
such sums as may be necessary to pay the costs
incurred under this chapter not covered by the
filing fees collected under subsection (b). All
funds made available pursuant to this subpara-
graph shall remain available until expended.
‘‘(2) POSITIONS REQUIRED FOR ADMINISTRATION
OF COMPULSORY LICENSING.—Section 307 of the Leg-
islative Branch Appropriations Act, 1994, shall not
apply to employee positions in the Library of Con-
gress that are required to be filled in order to carry
out section 111, 112, 114, 115, 116, 118, or 119 or
chapter 10.
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‘‘§ 804. Institution of proceedings
‘‘(a) FILING
OF PETITION.—With respect to pro-
ceedings referred to in paragraphs (1) and (2) of section
801(b) concerning the determination or adjustment of roy-
alty rates as provided in sections 111, 112, 114, 115, 116,
118, 119, and 1004, during the calendar years specified in
the schedule set forth in subsection (b), any owner or user
of a copyrighted work whose royalty rates are specified by
this title, or are established under this chapter before or
after the enactment of the Copyright Royalty and Distribu-
tion Reform Act of 2004, may file a petition with the Copy-
right Royalty Judges declaring that the petitioner requests
a determination or adjustment of the rate. The Copyright
Royalty Judges shall make a determination as to whether
the petitioner has such a significant interest in the royalty
rate in which a determination or adjustment is requested.
If the Copyright Royalty Judges determine that the peti-
tioner has such a significant interest, the Copyright Roy-
alty Judges shall cause notice of this determination, with
the reasons for such determination, to be published in the
Federal Register, together with the notice of commencement
of proceedings under this chapter. With respect to pro-
ceedings under paragraph (1) of section 801(b) concerning
the determination or adjustment of royalty rates as pro-
vided in sections 112 and 114, during the calendar years
specified in the schedule set forth in subsection (b), the
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Copyright Royalty Judges shall cause notice of commence-
ment of proceedings under this chapter to be published in
the Federal Register as provided in section 803(b)(1)(A).
‘‘(b) TIMING OF PROCEEDINGS.—
‘‘(1) SECTION 111 PROCEEDINGS.—(A) A petition
described in subsection (a) to initiate proceedings
under section 801(b)(2) concerning the adjustment of
royalty rates under section 111 to which subpara-
graph (A) or (D) of section 801(b)(2) applies may be
filed during the year 2005 and in each subsequent
fifth calendar year.
‘‘(B) In order to initiate proceedings under sec-
tion 801(b)(2) concerning the adjustment of royalty
rates under section 111 to which subparagraph (B) or
(C) of section 801(b)(2) applies, within 12 months
after an event described in either of those subsections,
any owner or user of a copyrighted work whose roy-
alty rates are specified by section 111, or by a rate
established under this chapter before or after the en-
actment of the Copyright Royalty and Distribution
Reform Act of 2004, may file a petition with the
Copyright Royalty Judges declaring that the peti-
tioner requests an adjustment of the rate. The Copy-
right Royalty Judges shall then proceed as set forth
in subsection (a) of this section. Any change in roy-
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alty rates made under this chapter pursuant to this
subparagraph may be reconsidered in the year 2005,
and each fifth calendar year thereafter, in accordance
with the provisions in section 801(b)(3) (B) or (C),
as the case may be. A petition for adjustment of rates
established by section 111(d)(1)(B) as a result of a
change is the rules and regulations of the Federal
Communications Commission shall set forth the
change on which the petition is based.
‘‘(C) Any adjustment of royalty rates under sec-
tion 111 shall take effect as of the first accounting pe-
riod commencing after the publication of the deter-
mination of the Copyright Royalty Judges in the Fed-
eral Register, or on such other date as is specified in
that determination.
‘‘(2) CERTAIN SECTION 112 PROCEEDINGS.—Pro-
ceedings under this chapter shall be commenced in the
year 2007 to determine reasonable terms and rates of
royalty payments for the activities described in sec-
tion 112(e)(1) relating to the limitation on exclusive
rights specified by section 114(d)(1)(C)(iv), to become
effective on January 1, 2009. Such proceedings shall
be repeated in each subsequent fifth calendar year.
‘‘(3) SECTION 114 AND CORRESPONDING 112 PRO-
CEEDINGS.—
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‘‘(A) 
FOR
ELIGIBLE
NONSUBSCRIPTION
SERVICES AND NEW SUBSCRIPTION SERVICES.—
Proceedings under this chapter shall be com-
menced as soon as practicable after the effective
date of the Copyright Royalty and Distribution
Reform Act of 2004 to determine reasonable
terms and rates of royalty payments under sec-
tions 114 and 112 for the activities of eligible
nonsubscription transmission services and new
subscription services, to be effective for the period
beginning on January 1, 2006, and ending on
December 31, 2010. Such proceedings shall next
be commenced in January 2009 to determine
reasonable terms and rates of royalty payments,
to become effective on January 1, 2011. There-
after, such proceedings shall be repeated in each
subsequent fifth calendar year.
‘‘(B) FOR PREEXISTING SUBSCRIPTION AND
SATELLITE DIGITAL AUDIO RADIO SERVICES.—
Proceedings under this chapter shall be com-
menced in January 2006 to determine reasonable
terms and rates of royalty payments under sec-
tions 114 and 112 for the activities of pre-
existing subscription services, to be effective dur-
ing the period beginning on January 1, 2008,
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and ending on December 31, 2012, and pre-
existing satellite digital audio radio services, to
be effective during the period beginning on Janu-
ary 1, 2007, and ending on December 31, 2012.
Such proceedings shall next be commenced in
2011 to determine reasonable terms and rates of
royalty payments, to become effective on Janu-
ary 1, 2013. Thereafter, such proceedings shall be
repeated in each subsequent fifth calendar year.
‘‘(C)(i) Notwithstanding any other provi-
sion of this chapter, this subparagraph shall gov-
ern proceedings commenced pursuant to section
114(f)(1)(C) and 114(f)(2)(C) concerning new
types of services.
‘‘(ii) Not later than 30 days after a petition
to determine rates and terms for a new type of
service that is filed by any copyright owner of
sound recordings, or such new type of service, in-
dicating that such new type of service is or is
about to become operational, the Copyright Roy-
alty Judges shall issue a notice for a proceeding
to determine rates and terms for such service.
‘‘(iii) The proceeding shall follow the sched-
ule set forth in such subsections (b), (c), and (d)
of section 803, except that—
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‘‘(I) the determination shall be issued
by not later than 24 months after the publi-
cation of the notice under clause (ii); and
‘‘(II) the decision shall take effect as
provided in subsections (c)(2) and (d)(2) of
section 803 and section 114(f)(4)(B)(ii) and
(C).
‘‘(iv) The rates and terms shall remain in
effect for the period set forth in section
114(f)(1)(C) or 114(f)(2)(C), as the case may be.
‘‘(4) SECTION 115 PROCEEDINGS.—A petition de-
scribed in subsection (a) to initiate proceedings under
section 801(b)(1) concerning the adjustment or deter-
mination of royalty rates as provided in section 115
may be filed in the year 2006 and in each subsequent
fifth calendar year, or at such other times as the par-
ties have agreed under section 115(c)(3) (B) and (C).
‘‘(5) SECTION 116 PROCEEDINGS.—(A) A petition
described in subsection (a) to initiate proceedings
under section 801(b) concerning the determination of
royalty rates and terms as provided in section 116
may be filed at any time within 1 year after nego-
tiated licenses authorized by section 116 are termi-
nated or expire and are not replaced by subsequent
agreements.
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‘‘(B) If a negotiated license authorized by section
116 is terminated or expires and is not replaced by
another such license agreement which provides per-
mission to use a quantity of musical works not sub-
stantially smaller than the quantity of such works
performed on coin-operated phonorecord players dur-
ing the 1-year period ending March 1, 1989, the
Copyright Royalty Judges shall, upon petition filed
under paragraph (1) within 1 year after such termi-
nation or expiration, commence a proceeding to
promptly establish an interim royalty rate or rates
for the public performance by means of a coin-oper-
ated phonorecord player of nondramatic musical
works embodied in phonorecords which had been sub-
ject to the terminated or expired negotiated license
agreement. Such rate or rates shall be the same as the
last such rate or rates and shall remain in force until
the conclusion of proceedings by the Copyright Roy-
alty Judges, in accordance with section 803, to adjust
the royalty rates applicable to such works, or until
superseded by a new negotiated license agreement, as
provided in section 116(b).
‘‘(6) SECTION 118 PROCEEDINGS.—A petition de-
scribed in subsection (a) to initiate proceedings under
section 801(b)(1) concerning the determination of rea-
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sonable terms and rates of royalty payments as pro-
vided in section 118 may be filed in the year 2006
and in each subsequent fifth calendar year.
‘‘(7) SECTION
1004
PROCEEDINGS.—A petition
described in subsection (a) to initiate proceedings
under section 801(b)(1) concerning the adjustment of
reasonable royalty rates under section 1004 may be
filed as provided in section 1004(a)(3).
‘‘(8) PROCEEDINGS CONCERNING DISTRIBUTION
OF
ROYALTY
FEES.—With respect to proceedings
under section 801(b)(3) concerning the distribution of
royalty fees in certain circumstances under section
111, 119, or 1007, the Copyright Royalty Judges
shall, upon a determination that a controversy exists
concerning such distribution, cause to be published in
the Federal Register notice of commencement of pro-
ceedings under this chapter.
‘‘§ 805. General rule for voluntarily negotiated agree-
ments
‘‘Any rates or terms under this title that—
‘‘(1) are agreed to by participants to a pro-
ceeding under section 803(b)(3),
‘‘(2) are adopted by the Copyright Royalty
Judges as part of a determination under this chapter,
and
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‘‘(3) are in effect for a period shorter than would
otherwise apply under a determination pursuant to
this chapter,
shall remain in effect for such period of time as would other-
wise apply under such determination, except that the Copy-
right Royalty Judges shall adjust the rates pursuant to the
voluntary negotiations to reflect national monetary infla-
tion during the additional period the rates remain in ef-
fect.’’.
(b) CONFORMING AMENDMENT.—The table of chapters
for title 17, United States Code, is amended by striking the
item relating to chapter 8 and inserting the following:
‘‘8. Proceedings by Copyright Royalty Judges ...........................
801’’.
SEC. 4. DEFINITION.
Section 101 is amended by inserting after the defini-
tion of ‘‘copies’’ the following:
‘‘A ‘Copyright Royalty Judge’ is a Copyright
Royalty Judge appointed under section 802 of this
title, and includes any individual serving as an in-
terim Copyright Royalty Judge under such section.’’.
SEC. 5. TECHNICAL AMENDMENTS.
(a) CABLE RATES.—Section 111(d) is amended—
(1) in paragraph (2), in the second sentence, by
striking ‘‘a copyright arbitration royalty panel’’ and
inserting ‘‘the Copyright Royalty Judges.’’; and
(2) in paragraph (4)—
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(A) in subparagraph (A), by striking ‘‘Li-
brarian of Congress’’ each place it appears and
inserting ‘‘Copyright Royalty Judges’’;
(B) in subparagraph (B)—
(i) in the first sentence, by striking
‘‘Librarian of Congress shall, upon the rec-
ommendation of the Register of Copy-
rights,’’ and inserting ‘‘Copyright Royalty
Judges shall’’;
(ii) in the second sentence, by striking
‘‘Librarian 
determines’’ 
and 
inserting
‘‘Copyright Royalty Judges determine’’; and
(iii) in the third sentence—
(I) by striking ‘‘Librarian’’ each
place it appears and inserting ‘‘Copy-
right Royalty Judges’’; and
(II) by striking ‘‘convene a copy-
right arbitration royalty panel’’ and
inserting ‘‘conduct a proceeding’’; and
(C) in subparagraph (C), by striking ‘‘Li-
brarian of Congress’’ and inserting ‘‘Copyright
Royalty Judges’’.
(b) EPHEMERAL RECORDINGS.—Section 112(e) is
amended—
(1) in paragraph (3)—
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(A) by amending the first sentence to read
as follows: ‘‘Proceedings under chapter 8 shall
determine reasonable rates and terms of royalty
payments for the activities specified by para-
graph (1) during the 5-year periods beginning
on January 1 of the second year following the
year in which the proceedings are to be com-
menced, or such other periods as the parties may
agree.’’; and
(B) by striking the second sentence;
(C) in the third sentence, by striking ‘‘Li-
brarian of Congress’’ and inserting ‘‘Copyright
Royalty Judges’’; and
(D) in the fourth sentence, by striking ‘‘ne-
gotiation’’;
(2) in paragraph (4)—
(A) by amending the first sentence to read
as follows: ‘‘The schedule of reasonable rates and
terms determined by the Copyright Royalty
Judges shall, subject to paragraph (5), be bind-
ing on all copyright owners of sound recordings
and transmitting organizations entitled to a
statutory license under this subsection during the
5-year period specified in paragraph (3), or such
other period as the parties may agree.’’;
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(B) by striking ‘‘copyright arbitration roy-
alty panel’’ each subsequent place it appears and
inserting ‘‘Copyright Royalty Judges’’;
(C) in the fourth sentence, by striking ‘‘its
decision’’ and inserting ‘‘their decision’’;
(D) in the fifth sentence, by striking ‘‘nego-
tiated as provided’’ and inserting ‘‘described’’;
and
(E) in the last sentence, by striking ‘‘Li-
brarian of Congress’’ and inserting ‘‘Copyright
Royalty Judges’’;
(3) in paragraph (5), by striking ‘‘or decision by
the Librarian of Congress’’ and inserting ‘‘, decision
by the Librarian of Congress, or determination by the
Copyright Royalty Judges’’;
(4) by striking paragraph (6) and redesignating
paragraphs (7), (8), and (9), as paragraphs (6), (7),
and (8), respectively; and
(5) in paragraph (6)(A), as so redesignated, by
striking ‘‘Librarian of Congress’’ and inserting
‘‘Copyright Royalty Judges’’.
(c) SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORD-
INGS.—Section 114(f) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
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(i) by amending the first sentence to
read as follows: ‘‘Proceedings under chapter
8 shall determine reasonable rates and
terms of royalty payments for subscription
transmissions by preexisting subscription
services and transmissions by preexisting
satellite digital audio radio services speci-
fied by subsection (d)(2) during 5-year peri-
ods beginning on January 1 of the second
year following the year in which the pro-
ceedings are to be commenced, except where
different transitional periods are provided
in section 804(b), or such periods as the
parties may agree.’’;
(ii) in the third sentence, by striking
‘‘Librarian of Congress’’ and inserting
‘‘Copyright Royalty Judges’’; and
(iii) in the fourth sentence, by striking
‘‘negotiation’’;
(B) in subparagraph (B)—
(i) by amending the first sentence to
read as follows: ‘‘The schedule of reasonable
rates and terms determined by the Copy-
right Royalty Judges shall, subject to para-
graph (3), be binding on all copyright own-
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ers of sound recordings and entities per-
forming sound recordings affected by this
paragraph during the 5-year period speci-
fied in subparagraph (A), a transitional pe-
riod provided in section 804(b), or such
other period as the parties may agree.’’;
(ii) in the second sentence, by striking
‘‘copyright arbitration royalty panel’’ and
inserting ‘‘Copyright Royalty Judges’’; and
(iii) in the second sentence, by striking
‘‘negotiated as provided’’ and inserting ‘‘de-
scribed’’; and
(C) by amending subparagraph (C) to read
as follows:
‘‘(C) The procedures under subparagraphs (A)
and (B) also shall be initiated pursuant to a petition
filed by any copyright owners of sound recordings,
any preexisting subscription services, or any pre-
existing satellite digital audio radio services indi-
cating that a new type of subscription digital audio
transmission service on which sound recordings are
performed is or is about to become operational, for the
purpose of determining reasonable terms and rates of
royalty payments with respect to such new type of
transmission service for the period beginning with the
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inception of such new type of service and ending on
the date on which the royalty rates and terms for sub-
scription digital audio transmission services most re-
cently determined under subparagraph (A) or (B)
and chapter 8 expire, or such other period as the par-
ties may agree.’’;
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) by amending the first paragraph to
read as follows: ‘‘Proceedings under chapter
8 shall determine reasonable rates and
terms of royalty payments for subscription
transmissions by eligible nonsubscription
transmission services and transmissions by
new subscription services specified by sub-
section (d)(2) during 5-year periods begin-
ning on January 1 of the second year fol-
lowing the year in which the proceedings
are to be commenced, except where different
transitional periods are provided in section
804(b), or such periods as the parties may
agree.’’;
(ii) in the third sentence, by striking
‘‘Librarian of Congress’’ and inserting
‘‘Copyright Royalty Judges’’; and
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(iii) in the fourth sentence, by striking
‘‘negotiation’’;
(B) in subparagraph (B)—
(i) by amending the first sentence to
read as follows: ‘‘The schedule of reasonable
rates and terms determined by the Copy-
right Royalty Judges shall, subject to para-
graph (3), be binding on all copyright own-
ers of sound recordings and entities per-
forming sound recordings affected by this
paragraph during the 5-year period speci-
fied in subparagraph (A), a transitional pe-
riod provided in section 804(b), or such
other period as the parties may agree.’’;
(ii) by striking ‘‘copyright arbitration
royalty panel’’ each subsequent place it ap-
pears and inserting ‘‘Copyright Royalty
Judges’’; and
(iii) in the last sentence by striking
‘‘negotiated as provided’’ and inserting ‘‘de-
scribed in’’; and
(C) by amending subparagraph (C) to read
as follows:
‘‘(C) The procedures under subparagraphs (A)
and (B) shall also be initiated pursuant to a petition
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filed by any copyright owners of sound recordings or
any eligible nonsubscription service or new subscrip-
tion service indicating that a new type of eligible
nonsubscription service or new subscription service on
which sound recordings are performed is or is about
to become operational, for the purpose of determining
reasonable terms and rates of royalty payments with
respect to such new type of service for the period be-
ginning with the inception of such new type of service
and ending on the date on which the royalty rates
and terms for preexisting subscription digital audio
transmission services or preexisting satellite digital
radio audio services, as the case may be, most re-
cently determined under subparagraph (A) or (B)
and chapter 8 expire, or such other period as the par-
ties may agree.’’;
(3) in paragraph (3), by striking ‘‘or decision by
the Librarian of Congress’’ and inserting ‘‘, decision
by the Librarian of Congress, or determination by the
Copyright Royalty Judges’’; and
(4) in paragraph (4)—
(A) by striking ‘‘Librarian of Congress’’
each place it appears and inserting ‘‘Copyright
Royalty Judges’’; and
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(B) by adding after the first sentence ‘‘The
notice and recordkeeping rules in effect on the
day before the effective date of the Copyright
Royalty and Distribution Reform Act of 2004
shall remain in effect unless and until new regu-
lations are promulgated by the Copyright Roy-
alty Judges. If new regulations are promulgated
under this subparagraph, the Copyright Royalty
Judges shall take into account the substance and
effect of the rules in effect on the day before the
effective date of the Copyright Royalty and Dis-
tribution Reform Act of 2004 and shall, to the
extent practicable, avoid significant disruption
of the functions of any designated agent author-
ized to collect and distribute royalty fees.’’.
(d) PHONORECORDS
OF
NONDRAMATIC
MUSICAL
WORKS.—Section 115(c)(3) is amended—
(1) in subparagraph (A)(ii), by striking ‘‘(F)’’
and inserting ‘‘(E)’’;
(2) in subparagraph (B)—
(A) by striking ‘‘under this paragraph’’ and
inserting ‘‘under this section’’;
(B) by inserting ‘‘on a nonexclusive basis’’
after ‘‘common agents’’; and
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(C) by striking ‘‘subparagraphs (C) through
(F)’’ and inserting ‘‘this subparagraph and sub-
paragraphs (C) through (E)’’; and
(3) in subparagraph (C)—
(A) by amending the first sentence to read
as follows: ‘‘Proceedings under chapter 8 shall
determine reasonable rates and terms of royalty
payments for the activities specified by this sec-
tion during periods beginning with the effective
date of such rates and terms, but not earlier than
January 1 of the second year following the year
in which the petition requesting the proceeding is
filed, and ending on the effective date of successor
rates and terms, or such other period as the par-
ties may agree.’’;
(B) in the third sentence, by striking ‘‘Li-
brarian of Congress’’ and inserting ‘‘Copyright
Royalty Judges’’; and
(C) in the fourth sentence, by striking ‘‘ne-
gotiation’’;
(4) in subparagraph (D)—
(A) by amending the first sentence to read
as follows: ‘‘The schedule of reasonable rates and
terms determined by the Copyright Royalty
Judges shall, subject to subparagraph (E), be
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binding on all copyright owners of nondramatic
musical works and persons entitled to obtain a
compulsory license under subsection (a)(1) dur-
ing the period specified in subparagraph (C),
such other period as may be determined pursu-
ant to subparagraphs (B) and (C), or such other
period as the parties may agree.’’;
(B) in the third sentence, by striking ‘‘copy-
right arbitration royalty panel’’ and inserting
‘‘Copyright Royalty Judges’’; and
(C) in the third sentence, by striking ‘‘nego-
tiated as provided in subparagraphs (B) and
(C)’’ and inserting ‘‘described’’;
(5) in subparagraph (E)—
(A) in clause (i)—
(i) in the first sentence, by striking
‘‘Librarian of Congress’’ and inserting ‘‘Li-
brarian of Congress, Copyright Royalty
Judges, or a copyright arbitration royalty
panel to the extent those determinations
were accepted by the Librarian of Con-
gress’’; and
(ii) in the second sentence, by striking
‘‘(C), (D) or (F) shall be given effect’’ and
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inserting ‘‘(C) or (D) shall be given effect as
to digital phonorecord deliveries’’; and
(B) in clause (ii)(I), by striking ‘‘(C), (D)
or (F)’’ each place it appears and inserting ‘‘(C)
or (D)’’; and
(6) by striking subparagraph (F) and redesig-
nating subparagraphs (G) through (L) as subpara-
graphs (F) through (K), respectively.
(e) COIN-OPERATED PHONORECORD PLAYERS.—Sec-
tion 116 is amended—
(1) in subsection (b), by amending paragraph
(2) to read as follows:
‘‘(2) CHAPTER 8 PROCEEDING.—Parties not sub-
ject to such a negotiation may have the terms and
rates and the division of fees described in paragraph
(1) determined in a proceeding in accordance with
the provisions of chapter 8.’’; and
(2) in subsection (c)—
(A) in the subsection heading, by striking
‘‘COPYRIGHT ARBITRATION ROYALTY PANEL DE-
TERMINATIONS’’ and inserting ‘‘DETERMINA-
TIONS BY COPYRIGHT ROYALTY JUDGES’’; and
(B) by striking ‘‘a copyright arbitration
royalty panel’’ and inserting ‘‘the Copyright
Royalty Judges’’.
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(f) USE OF CERTAIN WORKS IN CONNECTION WITH
NONCOMMERCIAL
BROADCASTING.—Section 
118 
is
amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in the first sentence, by striking
‘‘Librarian of Congress’’ and inserting
‘‘Copyright Royalty Judges’’; and
(ii) by striking the second and third
sentences;
(B) in paragraph (2), by striking ‘‘Librar-
ian of Congress:’’ and all that follows through the
end of the sentence and inserting ‘‘Librarian of
Congress, a copyright arbitration royalty panel,
or the Copyright Royalty Judges, to the extent
that they were accepted by the Librarian of Con-
gress, if copies of such agreements are filed with
the Copyright Royalty Judges within 30 days of
execution in accordance with regulations that the
Copyright Royalty Judges shall issue.’’; and
(C) in paragraph (3)—
(i) in the second sentence—
(I) by striking ‘‘copyright arbitra-
tion royalty panel’’ and inserting
‘‘Copyright Royalty Judges’’; and
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(II) by striking ‘‘paragraph (2).’’
and inserting ‘‘paragraph (2) or (3).’’;
(ii) in the last sentence, by striking
‘‘‘Librarian of Congress’’ and inserting
‘‘Copyright Royalty Judges’’; and
(iii) by striking ‘‘(3) In’’ and all that
follows through the end of the first sentence
and inserting the following:
‘‘(3) Voluntary negotiation proceedings initiated
pursuant to a petition filed under section 804(a) for
the purpose of determining a schedule of terms and
rates of royalty payments by public broadcasting en-
tities to copyright owners in works specified by this
subsection and the proportionate division of fees paid
among various copyright owners shall cover the 5-
year period beginning on January 1 of the second
year following the year in which the petition is filed.
The parties to each negotiation proceeding shall bear
their own costs.
‘‘(4) In the absence of license agreements nego-
tiated under paragraph (2) or (3), the Copyright
Royalty Judges shall, pursuant to chapter 8, conduct
a proceeding to determine and publish in the Federal
Register a schedule of rates and terms which, subject
to paragraph (2), shall be binding on all owners of
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copyright in works specified by this subsection and
public broadcasting entities, regardless of whether
such copyright owners have submitted proposals to the
Copyright Royalty Judges.’’;
(2) by striking subsection (c) and redesignating
subsections (d) through (g) as subsections (c) through
(f), respectively;
(3) in subsection (c), as so redesignated, in the
matter preceding paragraph (1)—
(A) by striking ‘‘(b)(2)’’ and inserting
‘‘(b)(2) or (3)’’;
(B) by striking ‘‘(b)(3)’’ and inserting
‘‘(b)(4)’’; and
(C) by striking ‘‘a copyright arbitration
royalty panel under subsection (b)(3)’’ and in-
serting ‘‘the Copyright Royalty Judges under
subsection (b)(3), to the extent that they were ac-
cepted by the Librarian of Congress’’;
(4) in subsection (d), as so redesignated—
(A) by striking ‘‘in the Copyright Office’’
and inserting ‘‘with the Copyright Royalty
Judges’’; and
(B) by striking ‘‘Register of Copyrights
shall prescribe’’ and inserting ‘‘Copyright Roy-
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alty Judges shall prescribe as provided in section
803(b)(6)’’; and
(5) in subsection (f), as so redesignated, by strik-
ing ‘‘(d)’’ and inserting ‘‘(c)’’.
(g) SECONDARY TRANSMISSIONS BY SATELLITE CAR-
RIERS.—Section 119(b) is amended—
(1) in paragraph (3), by striking ‘‘Librarian of
Congress’’ and inserting ‘‘Copyright Royalty Judges’’;
and
(2) in paragraph (4)—
(A) in subparagraph (A), by striking ‘‘Li-
brarian of Congress’’ each place it appears and
inserting ‘‘Copyright Royalty Judges’’; and
(B) by amending subparagraphs (B) and
(C) to read as follows:
‘‘(B) DETERMINATION
OF
CONTROVERSY;
DISTRIBUTIONS.—After the first day of August of
each year, the Copyright Royalty Judges shall
determine whether there exists a controversy con-
cerning the distribution of royalty fees. If the
Copyright Royalty Judges determine that no
such controversy exists, the Librarian of Con-
gress shall, after deducting reasonable adminis-
trative costs under this paragraph, distribute
such fees to the copyright owners entitled to re-
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ceive them, or to their designated agents. If the
Copyright Royalty Judges find the existence of a
controversy, the Copyright Royalty Judges shall,
pursuant to chapter 8 of this title, conduct a
proceeding to determine the distribution of roy-
alty fees.
‘‘(C) WITHHOLDING OF FEES DURING CON-
TROVERSY.—During the pendency of any pro-
ceeding under this subsection, the Copyright
Royalty Judges shall withhold from distribution
an amount sufficient to satisfy all claims with
respect to which a controversy exists, but shall
have the discretion to proceed to distribute any
amounts that are not in controversy.’’.
(h) DIGITAL AUDIO RECORDING DEVICES.—
(1) ROYALTY PAYMENTS.—Section 1004(a)(3) is
amended by striking ‘‘Librarian of Congress’’ each
place it appears and inserting ‘‘Copyright Royalty
Judges’’.
(2) ENTITLEMENT TO ROYALTY PAYMENTS.—Sec-
tion 1006(c) is amended by striking ‘‘Librarian of
Congress shall convene a copyright arbitration roy-
alty panel which’’ and inserting ‘‘Copyright Royalty
Judges’’.
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(3) PROCEDURES
FOR
DISTRIBUTING
ROYALTY
PAYMENTS.—Section 1007 is amended—
(A) in subsection (a), by amending para-
graph (1) to read as follows:
‘‘(1) FILING
OF
CLAIMS.—During the first 2
months of each calendar year, every interested copy-
right party seeking to receive royalty payments to
which such party is entitled under section 1006 shall
file with the Copyright Royalty Judges a claim for
payments collected during the preceding year in such
form and manner as the Copyright Royalty Judges
shall prescribe by regulation.’’; and
(B) by amending subsections (b) and (c) to
read as follows:
‘‘(b) DISTRIBUTION OF PAYMENTS IN THE ABSENCE OF
A DISPUTE.—After the period established for the filing of
claims under subsection (a), in each year, the Copyright
Royalty Judges shall determine whether there exists a con-
troversy concerning the distribution of royalty payments
under section 1006(c). If the Copyright Royalty Judges de-
termine that no such controversy exists, the Librarian of
Congress shall, within 30 days after such determination,
authorize the distribution of the royalty payments as set
forth in the agreements regarding the distribution of royalty
payments entered into pursuant to subsection (a). The Li-
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brarian of Congress shall, before such royalty payments are
distributed, deduct the reasonable administrative costs in-
curred by the Librarian under this section.
‘‘(c) RESOLUTION OF DISPUTES.—If the Copyright
Royalty Judges find the existence of a controversy, the
Copyright Royalty Judges shall, pursuant to chapter 8 of
this title, conduct a proceeding to determine the distribution
of royalty payments. During the pendency of such a pro-
ceeding, the Copyright Royalty Judges shall withhold from
distribution an amount sufficient to satisfy all claims with
respect to which a controversy exists, but shall, to the extent
feasible, authorize the distribution of any amounts that are
not in controversy. The Librarian of Congress shall, before
such royalty payments are distributed, deduct the reason-
able administrative costs incurred by the Librarian under
this section.’’.
(4) DETERMINATION OF CERTAIN DISPUTES.—
(A) Section 1010 is amended to read as follows:
‘‘§ 1010. Determination of certain disputes
‘‘(a) SCOPE OF DETERMINATION.—Before the date of
first distribution in the United States of a digital audio
recording device or a digital audio interface device, any
party manufacturing, importing, or distributing such de-
vice, and any interested copyright party may mutually
agree to petition the Copyright Royalty Judges to determine
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whether such device is subject to section 1002, or the basis
on which royalty payments for such device are to be made
under section 1003.
‘‘(b) INITIATION OF PROCEEDINGS.—The parties under
subsection (a) shall file the petition with the Copyright Roy-
alty Judges requesting the commencement of a proceeding.
Within 2 weeks after receiving such a petition, the Chief
Copyright Royalty Judge shall cause notice to be published
in the Federal Register of the initiation of the proceeding.
‘‘(c) STAY OF JUDICIAL PROCEEDINGS.—Any civil ac-
tion brought under section 1009 against a party to a pro-
ceeding under this section shall, on application of one of
the parties to the proceeding, be stayed until completion of
the proceeding.
‘‘(d) PROCEEDING.—The Copyright Royalty Judges
shall conduct a proceeding with respect to the matter con-
cerned, in accordance with such procedures as the Copyright
Royalty Judges may adopt. The Copyright Royalty Judges
shall act on the basis of a fully documented written record.
Any party to the proceeding may submit relevant informa-
tion and proposals to the Copyright Royalty Judges. The
parties to the proceeding shall each bear their respective
costs of participation.
‘‘(e) JUDICIAL REVIEW.—Any determination of the
Copyright Royalty Judges under subsection (d) may be ap-
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pealed, by a party to the proceeding, in accordance with
section 803(d) of this title. The pendency of an appeal under
this subsection shall not stay the determination of the Copy-
right Royalty Judges. If the court modifies the determina-
tion of the Copyright Royalty Judges, the court shall have
jurisdiction to enter its own decision in accordance with
its final judgment. The court may further vacate the deter-
mination of the Copyright Royalty Judges and remand the
case for proceedings as provided in this section.’’.
(B) The item relating to section 1010 in the
table of sections for chapter 10 is amended to read as
follows:
‘‘1010. Determination of certain disputes.’’.
SEC. 6. EFFECTIVE DATE AND TRANSITION PROVISIONS.
(a) EFFECTIVE DATE.—This Act and the amendments
made by this Act shall take effect 6 months after the date
of enactment of this Act, except that the Librarian of Con-
gress shall appoint 1 or more interim Copyright Royalty
Judges under section 802(d) of title 17, United States Code,
as amended by this Act, within 90 days after such date
of enactment to carry out the functions of the Copyright
Royalty Judges under title 17, United States Code, to the
extent that Copyright Royalty Judges provided for in sec-
tion 801(a) of title 17, United States Code, as amended by
this Act, have not been appointed before the end of that 90-
day period.
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(b) TRANSITION PROVISIONS.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3), the amendments made by this Act shall not affect
any proceedings commenced, petitions filed, or vol-
untary agreements entered into before the date of en-
actment of this Act under the provisions of title 17,
United States Code, as amended by this Act, and
pending on such date of enactment. Such proceedings
shall continue, determinations made in such pro-
ceedings, and appeals taken therefrom, as if this Act
had not been enacted, and shall continue in effect
until modified under title 17, United States Code, as
amended by this Act. Such petitions filed and vol-
untary agreements entered into shall remain in effect
as if this Act had not been enacted. For purposes of
this paragraph, the Librarian of Congress may deter-
mine whether a proceeding has commenced. The Li-
brarian of Congress may terminate any proceeding
commenced before the date of enactment of this Act
pursuant to chapter 8 of title 17, United States Code,
and any proceeding so terminated shall become null
and void. In such cases, the Copyright Royalty
Judges may initiate a new proceeding in accordance
with 
regulations 
adopted 
pursuant 
to 
section
803(b)(6) of title 17, United States Code.