I 
108TH CONGRESS 
1ST SESSION H. R. 1417
To amend title 17, United States Code, to replace copyright arbitration 
royalty panels with a Copyright Royalty Judge, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2003
Mr. SMITH of Texas (for himself, Mr. BERMAN, and Mr. CONYERS) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 17, United States Code, to replace copyright 
arbitration royalty panels with a Copyright Royalty 
Judge, 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 and 
Distribution Reform Act of 2003’’. 
SEC. 2. REFERENCE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of title 17, United States Code. 
SEC. 3. COPYRIGHT ROYALTY JUDGE AND STAFF. 
(a) IN GENERAL.—Chapter 8 is amended to read as 
follows: 
CHAPTER 8—PROCEEDINGS BY 
COPYRIGHT ROYALTY JUDGE
‘‘Sec. 
‘‘801. Copyright Royalty Judge; appointment and functions. 
‘‘802. Copyright Royalty Judgeship; professional staff. 
‘‘803. Proceedings of Copyright Royalty Judges. 
‘‘804. Institution and conclusion of proceedings.
‘‘§ 801. Copyright Royalty Judge; appointment and 
functions 
‘‘(a) APPOINTMENT.—The Librarian of Congress 
shall appoint a full-time Copyright Royalty Judge. In 
making the appointment, the Librarian may consult with 
the Register of Copyrights. 
‘‘(b) FUNCTIONS.—Subject to the provisions of this 
chapter, the functions of the Copyright Royalty Judge 
shall be as follows: 
‘‘(1) To make determinations concerning the 
adjustment of reasonable copyright royalty rates as 
provided in sections 111, 114, 115, 119, and 1004. 
‘‘(2) To make determinations as to reasonable 
terms and rates of royalty payments as provided in 
sections 112(e), 114, 115, 116, and 118. The rates 
applicable under sections 114(f)(1)(B), 115, and
116 shall be calculated to achieve the following ob-
jectives: 
‘‘(A) To maximize the availability of cre-
ative works to the public. 
‘‘(B) To afford the copyright owner a fair 
return for his or her creative work and the 
copyright user a fair income under existing eco-
nomic conditions. 
‘‘(C) To reflect the relative roles of the 
copyright owner and the copyright user in the 
product made available to the public with re-
spect to relative creative contribution, techno-
logical contribution, capital investment, cost, 
risk, and contribution to the opening of new 
markets for creative expression and media for 
their communication. 
‘‘(D) To minimize any disruptive impact 
on the structure of the industries involved and 
on generally prevailing industry practices. 
‘‘(3) To make determinations concerning the 
adjustment of the copyright royalty rates under sec-
tion 111 solely in accordance with the following pro-
visions: 
‘‘(A) The rates established by section 
111(d)(1)(B) may be adjusted to reflect—
by subscriber rate regulating authorities from 
increasing the rates for the basic service of pro-
viding secondary transmissions. 
‘‘(B) In the event that the rules and regu-
lations of the Federal Communications Com-
mission are amended at any time after April 8, 
1976, to permit the carriage by cable systems 
of additional television broadcast signals beyond 
the local service area of the primary transmit-
ters of such signals, the royalty rates estab-
lished by section 111(d)(1)(B) may be adjusted 
to insure that the rates for the additional dis-
tant signal equivalents resulting from such car-
riage are reasonable in the light of the changes 
effected by the amendment to such rules and
regulations. In determining the reasonableness 
of rates proposed following an amendment of 
Federal Communications Commission rules and 
regulations, the Copyright Royalty Judge shall 
consider, among other factors, the economic im-
pact on copyright owners and users; except that 
no adjustment in royalty rates shall be made 
under this subparagraph with respect to any 
distant signal equivalent or fraction thereof rep-
resented by—
‘‘(i) carriage of any signal permitted 
under the rules and regulations of the Fed-
eral Communications Commission in effect 
on April 15, 1976, or the carriage of a sig-
nal of the same type (that is, independent, 
network, or noncommercial educational) 
substituted for such permitted signal; or 
‘‘(ii) a television broadcast signal first 
carried after April 15, 1976, pursuant to 
an individual waiver of the rules and regu-
lations of the Federal Communications 
Commission, as such rules and regulations 
were in effect on April 15, 1976. 
‘‘(C) In the event of any change in the 
rules and regulations of the Federal Commu-
nications Commission with respect to syn-
dicated and sports program exclusivity after 
April 15, 1976, the rates established by section 
111(d)(1)(B) may be adjusted to assure that 
such rates are reasonable in light of the 
changes to such rules and regulations, but any 
such adjustment shall apply only to the affected 
television broadcast signals carried on those 
systems affected by the change.
‘‘(D) The gross receipts limitations estab-
lished by section 111(d)(1)(C) and (D) shall be 
adjusted to reflect national monetary inflation 
or deflation or changes in the average rates 
charged cable system subscribers for the basic 
service of providing secondary transmissions to 
maintain the real constant dollar value of the 
exemption provided by such section, and the 
royalty rate specified therein shall not be sub-
ject to adjustment. 
‘‘(4) To authorize the distribution of those roy-
alty fees collected under sections 111, 119, and 
1005 that the judge has found are not subject to 
controversy. 
‘‘(5) To authorize the distribution of royalty 
fees deposited with the Register of Copyrights under 
sections 111, 116, 119(b), and 1003, and to deter-
mine, in cases where controversy exists, the distribu-
tion of such fees. 
‘‘(6) To accept or reject royalty claims filed 
under section 111, 119, and 1007, on the basis of 
timeliness or the failure to establish the basis for a 
claim. 
‘‘(7) To determine the status of a digital audio 
recording device or a digital audio interface device
under sections 1002 and 1003, as provided in sec-
tion 1010. 
‘‘(c) RULINGS.—The Copyright Royalty Judge may 
make any necessary procedural or evidentiary rulings in 
any proceeding under this chapter and may, before com-
mencing a proceeding under this chapter, make any such 
rulings that would apply to the proceedings conducted by 
the Copyright Royalty Judge. The Copyright Royalty 
Judge may consult with the Register of Copyrights in 
making any rulings under this subsection. 
‘‘(d) ADMINISTRATIVE SUPPORT.—The Librarian of 
Congress shall provide the Copyright Royalty Judge with 
the necessary administrative services related to pro-
ceedings under this chapter. 
‘‘§ 802. Copyright Royalty Judgeship; professional 
staff 
‘‘(a) QUALIFICATIONS
OF
COPYRIGHT
ROYALTY 
JUDGE.—The Copyright Royalty Judge shall be an attor-
ney with 10 or more years of legal practice with dem-
onstrated experience in administrative hearings or court 
trials and demonstrated knowledge of copyright law who 
is free of any financial conflict of interest under subsection 
(h). 
‘‘(b) PROFESSIONAL STAFF.—The Copyright Royalty 
Judge shall appoint 2 full-time staff members to assist
the Copyright Royalty Judge in performing the functions 
of the Copyright Royalty Judge. Each staff member shall 
be an individual with expertise in copyright law and in 
the business and economics of industries affected by the 
actions taken by the Copyright Royalty Judge under this 
chapter. 
‘‘(c) TERMS.—The term of the Copyright Royalty 
Judge shall be 5 years. An individual serving as a Copy-
right Royalty Judge may be reappointed to subsequent 
terms as such judge. The term of the Copyright Royalty 
Judge shall begin when the term of the predecessor of that 
Judge ends. When the term of office of a Copyright Roy-
alty Judge ends, the individual serving that term may con-
tinue to serve until a successor is selected. 
‘‘(d) VACANCIES.—If a vacancy should occur in the 
position of Copyright Royalty Judge, the Librarian of 
Congress shall act expeditiously to fill the vacancy, and 
may appoint an interim Copyright Royalty Judge to serve 
until another Copyright Royalty Judge is appointed under 
this section. An individual appointed to fill the vacancy 
occurring before the expiration of the term for which the 
predecessor of that individual was appointed shall be ap-
pointed for the remainder of that term. 
‘‘(e) COMPENSATION.—The Copyright Royalty Judge 
shall receive compensation at the rate of basic pay payable
for level AL–2 for administrative law judges pursuant to 
section 5372(b) of title 5, and the staff members ap-
pointed under subsection (b) shall each be paid at a rate 
of pay determined by the Librarian of Congress which 
shall be not less than the basic rate of pay payable for 
GS–14 of the General Schedule and not more than the 
basic rate of pay payable for GS–15 of such Schedule. The 
compensation of the Copyright Royalty Judge and such 
staff members shall not be subject to any regulations 
adopted by the Office of Personnel Management pursuant 
to its authority under section 5376(b)(1) of title 5. 
‘‘(f) INDEPENDENCE
OF
COPYRIGHT
ROYALTY 
JUDGE.—
‘‘(1) IN
GENERAL.—The Copyright Royalty 
Judge shall have full independence in making deter-
minations concerning adjustments and determina-
tions of copyright royalty rates and terms, the dis-
tribution of copyright royalties, the acceptance or re-
jection of royalty claims and rate adjustment peti-
tions, and in issuing rulings under this title, except 
that the Copyright Royalty Judge may consult with 
the Register of Copyrights in making such deter-
minations. 
‘‘(2) PERFORMANCE APPRAISALS.—
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any regulation of the 
Library of Congress, the Copyright Royalty 
Judge shall not receive an annual performance 
appraisal. 
‘‘(B) RELATING
TO
SANCTION
OR
RE-
MOVAL.—To the extent that the Librarian of 
Congress adopts regulations under subsection 
(h) relating to the sanction or removal of a 
Copyright Royalty Judge and such regulations 
require documentation to establish the cause of 
such sanction or removal, the Copyright Roy-
alty Judge may receive an appraisal related 
specifically to the cause of the sanction or re-
moval. 
‘‘(g) INCONSISTENT DUTIES BARRED.—The Copy-
right Royalty Judge may not undertake duties incon-
sistent with his or her duties and responsibilities as Copy-
right Royalty Judge. 
‘‘(h) STANDARDS OF CONDUCT.—The Librarian of 
Congress shall adopt regulations regarding the standards 
of conduct, including financial conflict of interest and re-
strictions against ex parte communications, which shall 
govern the Copyright Royalty Judge and the proceedings 
under this chapter.
‘‘(i) REMOVAL OR SANCTION.—The Librarian of Con-
gress may sanction or remove a Copyright Royalty Judge 
for violation of the standards of conduct adopted under 
subsection (h), misconduct, neglect of duty, or any dis-
qualifying physical or mental disability. Any such sanction 
or removal may be made only after notice and opportunity 
for a hearing, but the Librarian of Congress may suspend 
the Copyright Royalty Judge during the pendency of such 
hearing. The Librarian shall appoint an interim Copyright 
Royalty Judge during the period of any such suspension. 
‘‘§ 803. Proceedings of Copyright Royalty Judges 
‘‘(a) PROCEEDINGS.—The Copyright Royalty Judge 
shall conduct proceedings in accordance with subchapter 
II of chapter 5 of title 5, for the purpose of making deter-
minations in carrying out the purposes set forth in section 
801. The Copyright Royalty Judge shall act on the basis 
of a fully documented written record, prior decisions of 
the Copyright Royalty Tribunal, prior copyright arbitra-
tion panel determinations, and rulings by the Librarian 
of Congress before the effective date of the Copyright Roy-
alty and Distribution Reform Act of 2003. Any person 
participating in proceedings under this chapter may sub-
mit relevant information and proposals to the Copyright 
Royalty Judge in such proceedings. 
‘‘(b) PROCEDURES.—
‘‘(1) PARTICIPATION IN GENERAL.—Subject to 
paragraph (2), a person may participate in pro-
ceedings under this chapter, including through the 
submission of briefs or other information, only if 
that person files with the Copyright Royalty Judge, 
in such form and manner as the Librarian of Con-
gress may by regulation prescribe, a notice of intent 
to participate in the proceedings, together with a fil-
ing fee of $150, before the proceedings commence. 
‘‘(2) SMALL
CLAIMS
PROCEEDINGS.—If the 
amount in controversy that a party to a proceeding 
under this chapter to determine the distribution of 
royalties asserts is $500 or less, that party may elect 
to have the controversy decided by the Copyright 
Royalty Judge on the basis of the filing in writing 
of the initial claim, initial response by any opposing 
party, and one additional response by each of such 
party. The party making such election shall not be 
required to pay the filing fee under paragraph (1). 
‘‘(3) REGULATIONS.—
‘‘(A) IN GENERAL.—The Register of Copy-
rights shall, not later than 60 days after the 
date of the enactment of the Copyright Royalty 
and Distribution Reform Act of 2003, issue
regulations to govern proceedings under this 
chapter, subject to section 801(c). 
‘‘(B) INTERIM REGULATIONS.—Until such 
regulations are adopted, the regulations in ef-
fect under this chapter on the day before such 
date of enactment shall continue to apply, ex-
cept that functions carried out under such regu-
lations by the Librarian of Congress, the Reg-
ister of Copyrights, or copyright arbitration 
royalty panels that, as of such date of enact-
ment, are to be carried out by the Copyright 
Royalty Judge under this chapter, shall be car-
ried out by the Copyright Royalty Judge under 
such regulations. 
‘‘(C) REQUIREMENTS.—Regulations issued 
under subparagraph (A) shall include the fol-
lowing: 
‘‘(i) The Federal Rules of Evidence 
with respect to hearsay shall apply to pro-
ceedings under this chapter. 
‘‘(ii) Discovery in such proceedings 
shall be permitted for a period of 60 days. 
Final witness lists for the proceedings shall 
not be required until the end of the dis-
covery period.
‘‘(iii) A defending party to a claim in 
a proceeding may serve upon an adverse 
party an offer to allow for a determination 
to be made against the adverse party for 
the claimed money or property or other 
specified amount up to the day on which 
hearings in the proceeding begin. If before 
the day on which hearings in the pro-
ceeding begin an offer under this clause is 
accepted, either party may file the offer 
and notice of acceptance of the offer with 
the Copyright Royalty Judge, who shall 
enter his or her determination pursuant 
thereto.
‘‘(c) DECISION OF COPYRIGHT ROYALTY JUDGE.—
Not later than 6 months after the date of publication of 
the notice in the Federal Register initiating a proceeding 
under this chapter, the Copyright Royalty Judge shall 
issue his or her determination in the proceeding, except 
that the Copyright Royalty Judge may extend that 6-
month period to 1 year for that proceeding if the Copy-
right Royalty Judge determines such extension to be nec-
essary. The Copyright Royalty Judge’s determination shall 
be accompanied by the written record, and shall set forth 
the facts that the Copyright Royalty Judge found relevant
to his or her determination. The Librarian of Congress 
shall cause such determination to be published in the Fed-
eral Register. The Librarian shall also publicize the deter-
mination in such other manner as the Librarian considers 
appropriate, including, but not limited to, publication on 
the official website of the Copyright Office. The Librarian 
shall also make the determination and the accompanying 
record available for public inspection and copying. 
‘‘(d) JUDICIAL REVIEW.—Any determination of the 
Copyright Royalty Judge under subsection (c) may, within 
30 days after the publication of the determination in the 
Federal Register, be appealed, by any aggrieved party who 
would be bound by the determination, to the United States 
Court of Appeals for the District of Columbia Circuit. If 
no appeal is brought within that 30-day period, the deter-
mination of the Copyright Royalty Judge is final, and the 
royalty fee or determination with respect to the distribu-
tion of fees, as the case may be, shall take effect as set 
forth in the determination of the Copyright Royalty 
Judge. When this title provides that the royalty rates or 
terms that were previously in effect are to expire on a 
specified date, any adjustment by the Copyright Royalty 
Judge of those rates or terms shall be effective as of the 
day following the date of expiration of the rates or terms 
that were previously in effect, even if the Copyright Roy-
alty Judge’s determination is rendered on a later date. 
The pendency of an appeal under this paragraph shall not 
relieve persons obligated to make royalty payments under 
section 111, 112, 114, 115, 116, 118, 119, or 1003 who 
would be affected by the determination on appeal to de-
posit the statement of account and royalty fees specified 
in those sections. The court shall have jurisdiction to mod-
ify or vacate a determination of the Copyright Royalty 
Judge only if it finds, on the basis of the record before 
the Copyright Royalty Judge, that the Copyright Royalty 
Judge acted in an arbitrary or capricious manner. If the 
court modifies the determination of the Copyright Royalty 
Judge, the court shall have jurisdiction to enter its own 
determination with respect to the amount or distribution 
of royalty fees and costs, to order the repayment of any 
excess fees, and to order the payment of any underpaid 
fees, and the interest pertaining respectively thereto, in 
accordance with its final judgment. The court may further 
vacate the determination of the Copyright Royalty Judge 
and remand the case to the Copyright Royalty Judge for 
proceedings in accordance with subsection (a). 
‘‘(e) ADMINISTRATIVE MATTERS.—
‘‘(1) DEDUCTION
OF
COSTS
OF
LIBRARY
OF 
CONGRESS AND COPYRIGHT OFFICE FROM ROYALTY 
FEES.—
‘‘(A) DEDUCTION FROM FILING FEES AND 
ROYALTY
FEES.—The Librarian of Congress 
may, to the extent not otherwise provided under 
this title, deduct from the filing fees collected 
under subsection (b) for a particular proceeding 
under this chapter the reasonable costs incurred 
by the Library of Congress, the Copyright Of-
fice, and the Copyright Royalty Judge in con-
ducting that proceeding, other than the salaries 
of the Copyright Royalty Judge and the two 
professional staff members appointed under sec-
tion 802(b). To the extent that such costs ex-
ceed the amount of such filing fees, the Librar-
ian of Congress may, after making the deduc-
tion from such filing fees, deduct the balance of 
such costs from not more than 1 percent of the 
royalty fees deposited or collected under this 
title that relate to that proceeding. Such deduc-
tion may be made before the fees are distrib-
uted to any copyright claimants. 
‘‘(B) REMAINING
COSTS.—Any costs de-
scribed in subparagraph (A) that remain after 
the deductions under subparagraph (A)—
‘‘(i) in ratemaking proceedings, shall 
be borne by the parties to the proceedings 
in equal proportions; and 
‘‘(ii) in distribution proceedings, shall 
be borne by the parties to the proceedings 
in equal proportions. 
‘‘(C) APPROPRIATIONS.—All funds made 
available by an appropriations Act as offsetting 
collections and available for deductions under 
this subsection shall remain available until ex-
pended. 
‘‘(2) POSITIONS
REQUIRED
FOR
ADMINISTRA-
TION OF COMPULSORY LICENSING.—Section 307 of 
the Legislative Branch Appropriations Act, 1994, 
shall not apply to employee positions in the Library 
of Congress that are required to be filled in order 
to carry out section 111, 112, 114, 115, 116, 118, 
or 119 or chapter 10. 
‘‘§ 804. Institution and conclusion of proceedings 
‘‘(a) FILING OF PETITION.—With respect to pro-
ceedings under paragraphs (1) and (2) of section 801(b) 
concerning the determination or adjustment of royalty 
rates as provided in sections 111, 112, 114, 115, 116, 
118, 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 Dis-
tribution Reform Act of 2003, may file a petition with the 
Copyright Royalty Judge declaring that the petitioner re-
quests a determination or adjustment of the rate. The 
Copyright Royalty Judge 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 Judge determines 
that the petitioner has such a significant interest, the 
Copyright Royalty Judge shall cause notice of this deter-
mination, with the reasons therefor, to be published in the 
Federal Register, together with the notice of commence-
ment of proceedings under this chapter. 
‘‘(b) TIMING OF PETITIONS.—
‘‘(1) SECTION 111 PROCEEDINGS.—(A) In pro-
ceedings under section 801(b)(1) concerning the ad-
justment of royalty rates under section 111 to which 
subparagraph (A) or (D) of section 801(b)(3) ap-
plies, a petition described in subsection (a) may be 
filed during the year 2005 and in each subsequent 
fifth calendar year. 
‘‘(B) In proceedings under section 801(b)(1) 
concerning the adjustment of royalty rates under
section 111 to which subparagraph (B) or (C) of 
section 801(b)(3) applies, within 12 months after an 
event described in either of those subsections, any 
owner or user of a copyrighted work whose royalty 
rates are specified by section 111, or by a rate es-
tablished under this chapter before or after the en-
actment of the Copyright Royalty and Distribution 
Reform Act of 2003, may file a petition with the 
Copyright Royalty Judge declaring that the peti-
tioner requests an adjustment of the rate. The Copy-
right Royalty Judge shall then proceed as set forth 
in subsection (a) of this section. Any change in roy-
alty rates made under this chapter pursuant to this 
subparagraph may be reconsidered in the year 2005, 
and each fifth calendar year thereafter, in accord-
ance with the provisions in section 801(b)(3)(B) or 
(C), as the case may be. 
‘‘(2) SECTION
115
PROCEEDINGS.—In pro-
ceedings under section 801(b)(1) or (2) concerning 
the adjustment or determination of royalty rates as 
provided in section 115, a petition described in para-
graph (1) may be filed in the year 2007 and in each 
subsequent fifth calendar year or as prescribed in 
section 115(c)(3)(B), (C), or (D).
‘‘(3) SECTION 116 PROCEEDINGS.—(A) In pro-
ceedings under section 801(b)(2) concerning the de-
termination of royalty rates and terms as provided 
in section 116, a petition described in paragraph (1) 
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. 
‘‘(B) If a negotiated license authorized by sec-
tion 116 is terminated or expires and is not replaced 
by another such license agreement which provides 
permission to use a quantity of musical works not 
substantially smaller than the quantity of such 
works performed on coin-operated phonorecord play-
ers during the 1-year period ending March 1, 1989, 
the Copyright Royalty Judge shall, upon petition 
filed under paragraph (1) within 1 year after such 
termination 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 
subject to the terminated or expired negotiated li-
cense 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 Royalty Judge, in accordance with section 
803, to adjust the royalty rates applicable to such 
works, or until superseded by a new negotiated li-
cense agreement, as provided in section 116(b). 
‘‘(4) SECTION 112 AND 114.—With respect to 
proceedings under section 801(b)(2) concerning the 
determination of reasonable terms and rates of roy-
alty payments as provided in section 112 or 114, the 
Librarian of Congress and the Copyright Royalty 
Judge shall proceed when and as provided by those 
sections. 
‘‘(5) SECTION 118 PROCEEDINGS.—With respect 
to proceedings under section 801(b)(2) concerning 
the determination of reasonable terms and rates of 
royalty payments as provided in section 118, the Li-
brarian of Congress and the Copyright Royalty 
Judge shall proceed when and as provided by that 
section. 
‘‘(6) PROCEEDINGS CONCERNING DISTRIBUTION 
OF
ROYALTY
FEES.—With respect to proceedings 
under section 801(b)(5) concerning the distribution 
of royalty fees in certain circumstances under sec-
tion 111, 116, 119, or 1007, the Copyright Royalty 
Judge shall, upon a determination that a con-
troversy exists concerning such distribution, cause to 
be published in the Federal Register notice of com-
mencement of proceedings under this chapter.’’. 
(b) CONFORMING AMENDMENT.—The table of chap-
ters for title 17, United States Code, is amended by strik-
ing the item relating to chapter 8 and inserting the fol-
lowing:
‘‘8. PROCEEDINGS OF COPYRIGHT ROYALTY JUDGE ................
801’’.
SEC. 4. DEFINITION. 
Section 101 is amended by inserting after the defini-
tion of ‘‘copies’’ the following: 
‘‘The ‘Copyright Royalty Judge’ is the Copy-
right Royalty Judge appointed under section 802 of 
this title, and includes any individual serving as an 
interim Copyright Royalty Judge under such sec-
tion.’’. 
SEC. 5. TECHNICAL AMENDMENTS. 
(a) CABLE RATES.—Section 111(d)(4) is amended—
(1) in subparagraph (B)—
(A) by striking ‘‘Librarian of Congress 
shall, upon the recommendation of the Register 
of Copyrights,’’ and inserting ‘‘Copyright Roy-
alty Judge shall’’; 
(B) by striking ‘‘Librarian’’ each subse-
quent place it appears and inserting ‘‘Copyright 
Royalty Judge’’; and
(C) by striking ‘‘convene a copyright arbi-
tration royalty panel’’ and inserting ‘‘conduct a 
proceeding’’; and 
(2) in subparagraph (C), by striking ‘‘Librarian 
of Congress’’ and inserting ‘‘Copyright Royalty 
Judge’’. 
(b) EPHEMERAL RECORDINGS.—Section 112(e) is 
amended—
(1) in paragraph (3), by amending the first sen-
tence to read as follows: ‘‘During the first week of 
January 2007, the Librarian of Congress shall cause 
notice to be published in the Federal Register of the 
initiation of voluntary negotiation proceedings for 
the purpose of determining reasonable terms and 
rates of royalty payments for the activities specified 
by paragraph (1) during the period beginning on
January 1, 2007, and ending on December 31, 
2011, or such other date as the parties may agree.’’; 
(2) in paragraph (4)—
(A) by amending the first sentence to read 
as follows: ‘‘In the absence of license agree-
ments negotiated under paragraph (2), during 
the 60-day period beginning on the date that is 
6 months after publication of the notice speci-
fied in paragraph (3), and upon the filing of a
petition in accordance with section 804(a), the 
Copyright Royalty Judge shall commence a pro-
ceeding pursuant to chapter 8 to determine and 
publish in the Federal Register a schedule of 
reasonable rates and terms which, subject to 
paragraph (5), shall be binding 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 date 
as the parties may agree.’’; 
(B) by striking ‘‘copyright arbitration roy-
alty panel’’ each subsequent place it appears 
and inserting ‘‘Copyright Royalty Judge’’; and 
(C) in the fourth sentence, by striking ‘‘its 
decision’’ and inserting ‘‘his or her decision’’; 
(3) in paragraph (5), by striking ‘‘or decision 
by the Librarian of Congress’’ and inserting ‘‘, deci-
sion by Librarian of Congress, or determination by 
the Copyright Royalty Judge’’; and 
(4) in paragraph (6)—
(A) in the first sentence, by striking ‘‘Jan-
uary 2000, and at 2-year’’ and inserting ‘‘Janu-
ary 2012, and at 5-year’’; 
(B) in the second sentence—
(i) by striking ‘‘803(a)(1)’’ and insert-
ing ‘‘804(a)’’; and 
(ii) by striking ‘‘July 1, 2000, and at 
2-year’’ and inserting ‘‘July 1, 2012, and 
at 5-year’’; and 
(C) in the last sentence, by striking ‘‘802’’ 
and inserting ‘‘803’’. 
(c) SCOPE OF EXCLUSIVE RIGHTS IN SOUND RE-
CORDINGS.—Section 114(f) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by amending the 
first sentence to read as follows: ‘‘During the 
first week of January 2006, the Librarian of 
Congress shall cause notice to be published in 
the Federal Register of the initiation of vol-
untary negotiation proceedings for the purpose 
of determining reasonable terms and rates of 
royalty payments for subscription transmissions 
by preexisting subscription services and trans-
missions by preexisting satellite digital audio 
radio services specified by subsection (d)(2) 
during the period beginning on January 1, 
2006, and ending on December 31, 2010, or 
such other date as the parties may agree.’’; 
(B) in subparagraph (B)—
(i) by amending the first sentence to 
read as follows: ‘‘In the absence of license 
agreements negotiated under subparagraph 
(A), during the 60-day period beginning on 
the date that is 6 months after publication 
of the notice specified in subparagraph 
(A), and upon the filing of a petition in ac-
cordance with section 804(a), the Copy-
right Royalty Judge shall commence pro-
ceedings pursuant to chapter 8 to deter-
mine and publish in the Federal Register 
a schedule of rates and terms which, sub-
ject to paragraph (3), shall be binding on 
all copyright owners of sound recordings 
and entities performing sound recordings 
affected by this paragraph.’’; and 
(ii) by striking ‘‘copyright arbitration 
royalty panel’’ and inserting ‘‘Copyright 
Royalty Judge’’; and 
(C) in subparagraph (C)—
(i) in clause (i)(II), by striking 
‘‘2001’’ and inserting ‘‘2011’’; 
(ii) in clause (ii)—
(I) by striking ‘‘803(a)(1)’’ and 
inserting ‘‘804(a)’’; and
(II) in subclause (II), by striking 
‘‘2001’’ and inserting ‘‘2011’’; and 
(iii) in clause (iii), by striking ‘‘802’’ 
and inserting ‘‘803’’; 
(2) in paragraph (2)—
(A) in subparagraph (A), by amending the 
first sentence to read as follows: ‘‘During the 
first week of January 2007, the Librarian of 
Congress shall cause notice to be published in 
the Federal Register of the initiation of vol-
untary negotiation proceedings for the purpose 
of determining reasonable terms and rates of 
royalty payments for public performances of 
sound recordings by means of eligible non-
subscription transmissions and transmissions by 
new subscription services specified by sub-
section (d)(2) during the period beginning on 
January 1, 2007, and ending on December 31, 
2011, or such other date as the parties may 
agree.’’; 
(B) in subparagraph (B)—
(i) by amending the first sentence to 
read as follows: ‘‘In the absence of license 
agreements negotiated under subparagraph 
(A), during the 60-day period beginning on
the date that is 6 months after publication 
of the notice specified in subparagraph 
(A), and upon the filing of a petition in ac-
cordance with section 804(a), the Copy-
right Royalty Judge shall commence pro-
ceedings pursuant to chapter 8 to deter-
mine and publish in the Federal Register 
a schedule of rates and terms which, sub-
ject to paragraph (3), shall be binding on 
all copyright owners of sound recordings 
and entities performing sound recordings 
affected by this paragraph during the pe-
riod beginning on January 1, 2007, and 
ending on December 31, 2011, or such 
other date as the parties may agree.’’; and 
(ii) by striking ‘‘copyright arbitration 
royalty panel’’ each subsequent place it ap-
pears and inserting ‘‘Copyright Royalty 
Judge’’; 
(C) in subparagraph (C)—
(i) in clause (i)(II), by striking ‘‘Janu-
ary 2000, and at 2-year’’ and inserting 
‘‘January 2012, and at 5-year’’; 
(ii) in clause (ii)—
(I) by striking ‘‘803(a)(1)’’ and 
inserting ‘‘804(a)’’; and 
(II) in subclause (II), by striking 
‘‘July 1, 2000, and at 2-year’’ and in-
serting ‘‘July 1, 2012, and at 5-year’’; 
and 
(iii) in clause (iii), by striking ‘‘802’’ 
and inserting ‘‘803’’; and 
(3) in paragraph (3), by striking ‘‘or decision 
by the Librarian of Congress’’ and inserting ‘‘, deci-
sion by the Librarian of Congress, or determination 
by the Copyright Royalty Judge’’. 
(d) PHONORECORDS
OF NONDRAMATIC MUSICAL 
WORKS.—Section 115(c)(3) is amended—
(1) in subparagraph (C), by amending the first 
sentence to read as follows: ‘‘During the period of
June 30, 2006, through December 31, 2006, the Li-
brarian of Congress shall cause notice to be pub-
lished in the Federal Register of the initiation of vol-
untary negotiation proceedings for the purpose of 
determining reasonable terms and rates of royalty 
payments for the activities specified by subpara-
graph (A) during the period beginning January 1, 
2008, and ending on the effective date of any new 
terms and rates established pursuant to this sub-
paragraph or subparagraph (D) or (F), or such 
other date (regarding digital phonorecord deliveries) 
as the parties may agree.’’; 
(2) in subparagraph (D)—
(A) by amending the first sentence to read 
as follows: ‘‘In the absence of license agree-
ments negotiated under subparagraphs (B) and 
(C), upon the filing of a petition in accordance 
with section 804(a), the Copyright Royalty 
Judge shall commence proceedings pursuant to 
chapter 8 to determine and publish in the Fed-
eral Register a schedule or rates and terms 
which, subject to subparagraph (E), shall be 
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 beginning January 1, 2008, and 
ending on the effective date of any new terms 
and rates established pursuant to subparagraph 
(C) or (F) or this subparagraph, or such other 
date (regarding digital phonorecord deliveries) 
as may be determined pursuant to subpara-
graphs (B) and (C).’’; and
(B) in the second sentence, by striking 
‘‘copyright arbitration royalty panel’’ and in-
serting ‘‘Copyright Royalty Judge’’; 
(3) in subparagraph (E)(i), in the first sen-
tence, by striking ‘‘the Librarian of Congress’’ and 
inserting ‘‘a copyright arbitration royalty panel, the 
Librarian of Congress, or the Copyright Royalty 
Judge’’; and 
(4) in subparagraph (F), by striking ‘‘1997’’ 
and inserting ‘‘2007’’. 
(e) COIN-OPERATED PHONORECORD PLAYERS.—Sec-
tion 116 is amended—
(1) in subsection (b), by amending paragraph 
(2) to read as follows: 
‘‘(2) CHAPTER
PROCEEDING.—Parties not 
subject to such a negotiation may have the terms 
and rates and the division of fees described in para-
graph (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 
DETERMINATIONS’’ and inserting ‘‘DETER-
MINATIONS BY COPYRIGHT ROYALTY JUDGE’’; 
and
(B) by striking ‘‘a copyright arbitration 
royalty panel’’ and inserting ‘‘the Copyright 
Royalty Judge’’. 
(f) USE OF CERTAIN WORKS IN CONNECTION WITH 
NONCOMMERCIAL
BROADCASTING.—Section 
118 
is 
amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking the sec-
ond and third sentences; 
(B) in paragraph (2), by striking ‘‘the Li-
brarian of Congress: Provided, That’’ and in-
serting ‘‘a copyright arbitration royalty panel, 
the Librarian of Congress, or the Copyright 
Royalty Judge, if’’; and 
(C) in paragraph (3)—
(i) by amending the first sentence to 
read as follows: ‘‘In the absence of license 
agreements negotiated under paragraph 
(2), the Copyright Royalty Judge shall, 
pursuant to chapter 8, conduct a pro-
ceeding 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 copyright 
in works specified by this subsection and
public broadcasting entities, regardless of 
whether such copyright owners have sub-
mitted proposals to the Librarian of Con-
gress.’’; and 
(ii) in the second sentence, by striking 
‘‘copyright arbitration royalty panel’’ and 
inserting ‘‘Copyright Royalty Judge’’; 
(2) in subsection (c), by striking ‘‘1997’’ and 
inserting ‘‘2007’’; and 
(3) in subsection (d), by striking ‘‘a copyright 
arbitration royalty panel’’ and inserting ‘‘the Copy-
right Royalty Judge’’. 
(g) SECONDARY TRANSMISSIONS BY SATELLITE CAR-
RIERS.—Section 119(b)(4) is amended—
(1) in subparagraph (A), by striking ‘‘Librarian 
of Congress’’ the first place it appears and inserting 
‘‘Copyright Royalty Judge’’; and 
(2) 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 Judge shall 
determine whether there exists a controversy 
concerning the distribution of royalty fees. If 
the Copyright Royalty Judge determines that