(B) by inserting after ‘‘Congress, the Reg-
ister of Copyrights,’’ the following: ‘‘copyright 
arbitration royalty panels (to the extent those 
determinations are not inconsistent with a deci-
sion of the Librarian of Congress or the Reg-
ister of Copyrights),’’. 
(6) Section 803(b) is amended— 
(A) in paragraph (1)(A)(i)(V)— 
(i) by striking ‘‘in the case of’’ and in-
serting ‘‘the publication of notice require-
ment shall not apply in the case of’’; and 
(ii) by striking ‘‘, such notice may not 
be published.’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking‘‘, 
together with a filing fee of $150’’; 
(ii) in subparagraph (B), by striking 
‘‘and’’ after the semicolon; 
(iii) in subparagraph (C), by striking 
the period and inserting ‘‘; and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(D) the petition to participate is accom-
panied by either— 
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‘‘(i) in a proceeding to determine roy-
alty rates, a filing fee of $150; or 
‘‘(ii) in a proceeding to determine dis-
tribution of royalty fees— 
‘‘(I) a filing fee of $150; or 
‘‘(II) a statement that the peti-
tioner (individually or as a group) will 
not seek a distribution of more than 
$1000, in which case the amount dis-
tributed to the petitioner shall not ex-
ceed $1000.’’; 
(C) in paragraph (3)(A)— 
(i) by striking ‘‘(A) IN GENERAL.— 
Promptly’’ and inserting ‘‘(A) COMMENCE-
MENT OF PROCEEDINGS.— 
‘‘(i) 
RATE
ADJUSTMENT
PRO-
CEEDING.—Promptly’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(ii) DISTRIBUTION
PROCEEDING.— 
Promptly after the date for filing of peti-
tions to participate in a proceeding to de-
termine the distribution of royalties, the 
Copyright Royalty Judges shall make 
available to all participants in the pro-
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ceeding a list of such participants. The ini-
tiation of a voluntary negotiation period 
among the participants shall be set at a 
time determined by the Copyright Royalty 
Judges.’’. 
(D) in paragraph (4)(A), by striking the 
last sentence; and 
(E) in paragraph (6)(C)— 
(i) in clause (i)— 
(I) in the first sentence, by in-
serting ‘‘and written rebuttal state-
ments’’ after ‘‘written direct state-
ments’’; 
(II) in the first sentence, by 
striking ‘‘which may’’ and inserting 
‘‘which, in the case of written direct 
statements, may’’; and 
(III) by striking ‘‘clause (iii)’’ 
and inserting ‘‘clause (iv)’’; 
(ii) by amending clause (ii)(I) to read 
as follows: 
‘‘(ii)(I) Following the submission to 
the Copyright Royalty Judges of written 
direct statements and written rebuttal 
statements by the participants in a pro-
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ceeding under paragraph (2), the Copy-
right Royalty Judges, after taking into 
consideration the views of the participants 
in the proceeding, shall determine a sched-
ule for conducting and completing dis-
covery.’’; 
(iii) by amending clause (iv) to read 
as follows: 
‘‘(iv) Discovery in connection with 
written direct statements shall be per-
mitted for a period of 60 days, except for 
discovery ordered by the Copyright Royalty 
Judges in connection with the resolution of 
motions, orders, and disputes pending at 
the end of such period. The Copyright 
Royalty Judges may order a discovery 
schedule in connection with written rebut-
tal statements.’’; and 
(iv) by amending clause (x) to read as 
follows: 
‘‘(x) The Copyright Royalty Judges 
shall order a settlement conference among 
the participants in the proceeding to facili-
tate the presentation of offers of settle-
ment among the participants. The settle-
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ment conference shall be held during a 21- 
day period following the 60-day discovery 
period specified in clause (iv) and shall 
take place outside the presence of the 
Copyright Royalty Judges.’’. 
(7) Section 803(c)(2)(B) is amended by striking 
‘‘concerning rates and terms’’. 
(8) Section 803(c)(4) is amended by striking ‘‘, 
with the approval of the Register of Copyrights,’’. 
(9) Section 803(c)(7) is amended by striking 
‘‘of Copyright’’ and inserting ‘‘of the Copyright’’. 
(10) Section 803(d)(2)(C)(i)(I) is amended by 
striking ‘‘statements of account and any report of 
use’’ and inserting ‘‘applicable statements of account 
and reports of use’’. 
(11) Section 803(d)(3) is amended by striking 
‘‘If the court, pursuant to section 706 of title 5, 
modifies’’ and inserting ‘‘Section 706 of title 5 shall 
apply with respect to review by the court of appeals 
under this subsection. If the court modifies’’. 
(12) Section 804(b)(1)(B) is amended— 
(A) by striking ‘‘801(b)(3)(B) or (C)’’ and 
inserting ‘‘801(b)(2)(B) or (C)’’; and 
(B) in the last sentence, by striking 
‘‘change is’’ and inserting ‘‘change in’’. 
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(13) Section 804(b)(3) is amended— 
(A) in subparagraph (A), by striking ‘‘ef-
fective date’’ and inserting ‘‘date of enact-
ment’’; and 
(B) in subparagraph (C)— 
(i) in clause (ii), by striking ‘‘that is 
filed’’ and inserting ‘‘is filed’’; and 
(ii) in clause (iii), by striking ‘‘such 
subsections (b)’’ and inserting ‘‘subsections 
(b)’’. 
SEC. 4. ADDITIONAL TECHNICAL AMENDMENTS. 
(a) DISTRIBUTION
OF
ROYALTY
FEES.—Section 
111(d) of title 17, United States Code, is amended— 
(1) in the second sentence of paragraph (2), by 
striking all that follows ‘‘Librarian of Congress’’ and 
inserting ‘‘upon authorization by the Copyright Roy-
alty Judges.’’; 
(2) in paragraph (4)— 
(A) in subparagraph (B)— 
(i) by striking the second sentence 
and inserting the following: ‘‘If the Copy-
right Royalty Judges determine that no 
such controversy exists, the Copyright Roy-
alty Judges shall authorize the Librarian 
of Congress to proceed to distribute such 
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fees to the copyright owners entitled to re-
ceive them, or to their designated agents, 
subject to the deduction of reasonable ad-
ministrative costs under this section.’’; and 
(ii) in the last sentence, by striking 
‘‘finds’’ and inserting ‘‘find’’; and 
(B) by striking subparagraph (C) and in-
serting the following: 
‘‘(C) During the pendency of any pro-
ceeding under this subsection, the Copyright 
Royalty Judges shall have the discretion to au-
thorize the Librarian of Congress to proceed to 
distribute any amounts that are not in con-
troversy.’’. 
(b) SOUND RECORDINGS.—Section 114(f) of title 17, 
United States Code, is amended— 
(1) in paragraph (1)(A), in the first sentence, 
by striking ‘‘except where’’ and all that follows 
through the end period and inserting ‘‘except in the 
case of a different transitional period provided under 
section 6(b)(3) of the Copyright Royalty and Dis-
tribution Reform Act of 2004, or such other period 
as the parties may agree.’’; 
(2) by amending paragraph (2)(A) to read as 
follows: 
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‘‘(2)(A) Proceedings under chapter 8 shall de-
termine reasonable rates and terms of royalty pay-
ments for public performances of sound recordings 
by means of eligible nonsubscription transmission 
services and new subscription services specified by 
subsection (d)(2) during the 5-year period beginning 
on January 1 of the second year following the year 
in which the proceedings are to be commenced, ex-
cept in the case of a different transitional period 
provided under section 6(b)(3) of the Copyright Roy-
alty and Distribution Reform Act of 2004, or such 
other period as the parties may agree. Such rates 
and terms shall distinguish among the different 
types of eligible nonsubscription transmission serv-
ices and new subscription services then in operation 
and shall include a minimum fee for each such type 
of service. Any copyright owners of sound recordings 
or any entities performing sound recordings affected 
by this paragraph may submit to the Copyright Roy-
alty Judges licenses covering such eligible non-
subscription transmissions and new subscription 
services with respect to such sound recordings. The 
parties to each proceeding shall bear their own 
costs.’’; and 
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