H. R. 1036
One Hundred Ninth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
An Act 
To amend title 17, United States Code, to make technical corrections relating 
to Copyright Royalty Judges, and for other purposes.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Copyright Royalty Judges Pro-
gram Technical Corrections Act’’. 
SEC. 2. REFERENCE. 
Any reference in this Act to a provision of title 17, United 
States Code, refers to such provision as amended by the Copyright 
Royalty and Distribution Reform Act of 2004 (Public Law 108–
419) and the Satellite Home Viewer Extension and Reauthorization 
Act of 2004 (title IX of division J of Public Law 108–447). 
SEC. 3. AMENDMENTS TO CHAPTER 8 OF TITLE 17, UNITED STATES 
CODE. 
Chapter 8 of title 17, United States Code, is amended as follows: 
(1) Section 801(b)(1) is amended, in the matter preceding 
subparagraph (A), by striking ‘‘119 and 1004’’ and inserting 
‘‘119, and 1004’’. 
(2) Section 801 is amended by adding at the end the fol-
lowing: 
‘‘(f) EFFECTIVE DATE OF ACTIONS.—On and after the date of 
the enactment of the Copyright Royalty and Distribution Reform 
Act of 2004, in any case in which time limits are prescribed under 
this title for performance of an action with or by the Copyright 
Royalty Judges, and in which the last day of the prescribed period 
falls on a Saturday, Sunday, holiday, or other nonbusiness day 
within the District of Columbia or the Federal Government, the 
action may be taken on the next succeeding business day, and 
is effective as of the date when the period expired.’’. 
(3) Section 802(f)(1)(A) is amended—
(A) in clause (i), by striking ‘‘clause (ii) of this subpara-
graph and subparagraph (B)’’ and inserting ‘‘subparagraph 
(B) and clause (ii) of this subparagraph’’; and 
(B) by striking clause (ii) and inserting the following: 
‘‘(ii) One or more Copyright Royalty Judges may, or 
by motion to the Copyright Royalty Judges, any participant 
in a proceeding may, request from the Register of Copy-
rights an interpretation of any material questions of sub-
stantive law that relate to the construction of provisions 
of this title and arise in the course of the proceeding.
H. R. 1036—2
Any request for a written interpretation shall be in writing 
and on the record, and reasonable provision shall be made 
to permit participants in the proceeding to comment on 
the material questions of substantive law in a manner 
that minimizes duplication and delay. Except as provided 
in subparagraph (B), the Register of Copyrights shall 
deliver to the Copyright Royalty Judges a written response 
within 14 days after the receipt of all briefs and comments 
from the participants. The Copyright Royalty Judges shall 
apply the legal interpretation embodied in the response 
of the Register of Copyrights if it is timely delivered, and 
the response shall be included in the record that accom-
panies the final determination. The authority under this 
clause shall not be construed to authorize the Register 
of Copyrights to provide an interpretation of questions 
of procedure before the Copyright Royalty Judges, the ulti-
mate adjustments and determinations of copyright royalty 
rates and terms, the ultimate distribution of copyright 
royalties, or the acceptance or rejection of royalty claims, 
rate adjustment petitions, or petitions to participate in 
a proceeding.’’. 
(4) Section 802(f)(1)(D) is amended by inserting a comma 
after ‘‘undertakes to consult with’’. 
(5) Section 803(a)(1) is amended—
(A) by striking ‘‘The Copyright’’ and inserting ‘‘The 
Copyright Royalty Judges shall act in accordance with this 
title, and to the extent not inconsistent with this title, 
in accordance with subchapter II of chapter 5 of title 5, 
in carrying out the purposes set forth in section 801. The 
Copyright’’; and 
(B) by inserting after ‘‘Congress, the Register of Copy-
rights,’’ the following: ‘‘copyright arbitration royalty panels 
(to the extent those determinations are not inconsistent 
with a decision of the Librarian of Congress or the Register 
of Copyrights),’’. 
(6) Section 803(b) is amended—
(A) in paragraph (1)(A)(i)(V)—
(i) by striking ‘‘in the case of’’ and inserting ‘‘the 
publication of notice requirement shall not apply in 
the case of’’; and 
(ii) by striking ‘‘, such notice may not be pub-
lished.’’; 
(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 following: 
‘‘(D) the petition to participate is accompanied by 
either—
‘‘(i) in a proceeding to determine royalty rates, 
a filing fee of $150; or 
‘‘(ii) in a proceeding to determine distribution of 
royalty fees—
‘‘(I) a filing fee of $150; or
H. R. 1036—3
‘‘(II) a statement that the petitioner (individ-
ually or as a group) will not seek a distribution 
of more than $1000, in which case the amount 
distributed to the petitioner shall not exceed 
$1000.’’; 
(C) in paragraph (3)(A)—
(i) by striking ‘‘(A) IN GENERAL.—Promptly’’ and 
inserting ‘‘(A) COMMENCEMENT OF PROCEEDINGS.— 
‘‘(i) RATE
ADJUSTMENT
PROCEEDING.—Promptly’’; 
and 
(ii) by adding at the end the following: 
‘‘(ii) DISTRIBUTION
PROCEEDING.—Promptly after 
the date for filing of petitions to participate in a pro-
ceeding to determine the distribution of royalties, the 
Copyright Royalty Judges shall make available to all 
participants in the proceeding a list of such partici-
pants. The initiation of a voluntary negotiation period 
among the participants shall be set at a time deter-
mined 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 inserting ‘‘and writ-
ten rebuttal statements’’ after ‘‘written direct 
statements’’; 
(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 writ-
ten rebuttal statements by the participants in a pro-
ceeding under paragraph (2), the Copyright Royalty 
Judges, after taking into consideration the views of 
the participants in the proceeding, shall determine a 
schedule for conducting and completing discovery.’’; 
(iii) by amending clause (iv) to read as follows: 
‘‘(iv) Discovery in connection with written direct 
statements shall be permitted 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 rebuttal state-
ments.’’; 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 facilitate the presentation of offers of 
settlement among the participants. The settlement con-
ference 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 Copy-
right Royalty Judges.’’.