(C) in subsection (b)(2) (as so redesignated) by
striking ‘‘Copyright Royalty Tribunal’’ each place it
appears and inserting ‘‘Librarian of Congress’’;
(D) in subsection (c) (as so redesignated)—
(i) in the subsection caption by striking
‘‘ROYALTY TRIBUNAL’’ and inserting ‘‘ARBI-
TRATION ROYALTY PANEL’’;
(ii) by striking ‘‘subsection (c)’’ and insert-
ing ‘‘subsection (b)’’; and
(iii) by striking ‘‘the Copyright Royalty
Tribunal’’ and inserting ‘‘a copyright arbitra-
tion royalty panel’’; and
(E) by striking subsections (e), (f), and (g).
(2) The table of sections at the beginning of chapter
1 of title 17, United States Code, is amended by striking
‘‘116A’’ and inserting ‘‘116’’.
SEC. 4. PUBLIC BROADCASTING COMPULSORY LICENSE.
Section 118 of title 17, United States Code, is
amended—
(1) in subsection (b)—
(A) by striking the first 2 sentences;
(B) in the third sentence by striking
‘‘works specified by this subsection’’ and insert-
ing ‘‘published nondramatic musical works and
published pictorial, graphic, and sculptural
works’’;
(C) in paragraph (1)—
(i) in the first sentence by striking ‘‘,
within one hundred and twenty days after
publication of the notice specified in this
subsection,’’; and
(ii) by striking ‘‘Copyright Royalty
Tribunal’’ each place it appears and insert-
ing ‘‘Librarian of Congress’’;
(D) in paragraph (2) by striking ‘‘Tribu-
nal’’ and inserting ‘‘Librarian of Congress’’;
(E) in paragraph (3)—
(i) by striking the first sentence and
inserting the following: ‘‘In the absence of
license agreements negotiated under para-
graph (2), the Librarian of Congress shall,
pursuant to chapter 8, convene a copyright
arbitration royalty panel to determine and
publish in the Federal Register a schedule
of rates and terms which, subject to para-
graph (2), shall be binding on all owners of
copyright in works specified by this sub-
section and public broadcasting entities,
regardless of whether such copyright own-
ers have submitted proposals to the Li-
brarian of Congress.’’;
(ii) in the second sentence—
(I) by striking ‘‘Copyright Roy-
alty Tribunal’’ and inserting ‘‘copy-
right arbitration royalty panel’’; and
(II) by striking ‘‘clause (2) of
this subsection’’ and inserting ‘‘para-
graph (2)’’; and
(iii) in the last sentence by striking
‘‘Copyright Royalty Tribunal’’ and insert-
ing ‘‘Librarian of Congress’’; and
(F) by striking paragraph (4);
(2) in subsection (c)—
(A) by striking ‘‘1982’’ and inserting
‘‘1997’’; and
(B) by striking ‘‘Copyright Royalty Tribu-
nal’’ and inserting ‘‘Librarian of Congress’’;
(3) in subsection (d)—
(A) by striking ‘‘to the transitional provi-
sions of subsection (b)(4), and’’;
(B) by striking ‘‘the Copyright Royalty
Tribunal’’ and inserting ‘‘a copyright arbitra-
tion royalty panel’’; and
(C) in paragraphs (2) and (3) by striking
‘‘clause’’ each place it appears and inserting
‘‘paragraph’’; and
(4) in subsection (g) by striking ‘‘clause’’ and
inserting ‘‘paragraph’’.
SEC. 5. SECONDARY TRANSMISSIONS BY SUPERSTATIONS
AND 
NETWORK 
STATIONS 
FOR 
PRIVATE
VIEWING.
Section 119 of title 17, United States Code, is
amended—
(1) in subsection (b)—
(A) in paragraph (1) by striking ‘‘, after
consultation with the Copyright Royalty Tribu-
nal,’’ each place it appears;
(B) in paragraph (2) by striking ‘‘Copy-
right Royalty Tribunal’’ and inserting ‘‘Librar-
ian of Congress’’;
(C) in paragraph (3) by striking ‘‘Copy-
right Royalty Tribunal’’ and inserting ‘‘Librar-
ian of Congress’’; and
(D) in paragraph (4)—
(i) by striking ‘‘Copyright Royalty
Tribunal’’ each place it appears and insert-
ing ‘‘Librarian of Congress’’;
(ii) by striking ‘‘Tribunal’’ each place
it appears and inserting ‘‘Librarian of
Congress’’; and
(iii) in subparagraph (B) by striking
‘‘conduct a proceeding’’ in the last sen-
tence and inserting ‘‘convene a copyright
arbitration royalty panel’’; and
(2) in subsection (c)—
(A) in the subsection caption by striking
‘‘DETERMINATION’’ and inserting ‘‘ADJUST-
MENT’’;
(B) in paragraph (2) by striking ‘‘Copy-
right Royalty Tribunal’’ each place it appears
and inserting ‘‘Librarian of Congress’’;
(C) in paragraph (3)—
(i) in subparagraph (A)—
(I) by striking ‘‘Copyright Roy-
alty Tribunal’’ and inserting ‘‘Librar-
ian of Congress’’; and
(II) by striking the last sentence
and inserting the following: ‘‘Such ar-
bitration proceeding shall be con-
ducted under chapter 8.’’;
(ii) by striking subparagraphs (B) and
(C);
(iii) in subparagraph (D)—
(I) by redesignating such sub-
paragraph as subparagraph (B); and
(II) 
by 
striking 
‘‘Arbitration
Panel’’ and inserting ‘‘copyright arbi-
tration royalty panel appointed under
chapter 8’’;
(iv) by striking subparagraphs (E)
and (F);
(v) by amending subparagraph (G) to
read as follows:
‘‘(C) PERIOD DURING WHICH DECISION OF
ARBITRATION PANEL OR ORDER OF LIBRARIAN
EFFECTIVE.—The obligation to pay the royalty
fee established under a determination which—
‘‘(i) is made by a copyright arbitration
royalty panel in an arbitration proceeding
under this paragraph and is adopted by
the Librarian of Congress under section
802(e), or
‘‘(ii) is established by the Librarian of
Congress under section 802(e),
shall become effective as provided in section
802(f).’’; and
(vi) in subparagraph (H)—
(I) by redesignating such sub-
paragraph as subparagraph (D); and
(II) by striking ‘‘adopted or or-
dered under subparagraph (F)’’ and
inserting ‘‘referred to in subparagraph
(C)’’; and
(D) by striking paragraph (4).
SEC. 6. CONFORMING AMENDMENTS.
(a) CABLE COMPULSORY LICENSE.—Section 111(d)
of title 17, United States Code, is amended as follows:
(1) Paragraph (1) is amended by striking ‘‘,
after consultation with the Copyright Royalty Tribu-
nal (if and when the Tribunal has been con-
stituted),’’.
(2) Paragraph (1)(A) is amended by striking ‘‘,
after consultation with the Copyright Royalty Tribu-
nal (if and when the Tribunal has been con-
stituted),’’.
(3) Paragraph (2) is amended by striking the
second and third sentences and by inserting the fol-
lowing: ‘‘All funds held by the Secretary of the
Treasury shall be invested in interest-bearing United
States securities for later distribution with interest
by the Librarian of Congress in the event no con-
troversy over distribution exists, or by a copyright
arbitration royalty panel in the event a controversy
over such distribution exists.’’.
(4) Paragraph (4)(A) is amended—
(A) by striking ‘‘Copyright Royalty Tribu-
nal’’ and inserting ‘‘Librarian of Congress’’;
and
(B) by striking ‘‘Tribunal’’ and inserting
‘‘Librarian of Congress’’.
(5) Paragraph (4)(B) is amended to read as
follows:
‘‘(B) After the first day of August of each
year, the Librarian of Congress shall, upon the
recommendation of the Register of Copyrights,
determine whether there exists a controversy
concerning the distribution of royalty fees. If
the Librarian determines that no such con-
troversy exists, the Librarian shall, after de-
ducting reasonable administrative costs under
this section, distribute such fees to the copy-
right owners entitled to such fees, or to their
designated agents. If the Librarian finds the ex-
istence of a controversy, the Librarian shall,
pursuant to chapter 8 of this title, convene a
copyright arbitration royalty panel to determine
the distribution of royalty fees.’’.
(6) Paragraph (4)(C) is amended by striking
‘‘Copyright Royalty Tribunal’’ and inserting ‘‘Li-
brarian of Congress’’.
(b) AUDIO HOME RECORDING ACT.—
(1) ROYALTY PAYMENTS.—Section 1004(a)(3)
of title 17, United States Code, is amended—
(A) by striking ‘‘Copyright Royalty Tribu-
nal’’ and inserting ‘‘Librarian of Congress’’;
and
(B) by striking ‘‘Tribunal’’ and inserting
‘‘Librarian of Congress’’.
(2) DEPOSIT OF ROYALTY PAYMENTS.—Section
1005 of title 17, United States Code, is amended by
striking the last sentence.
(3) ENTITLEMENT TO ROYALTY PAYMENTS.—
Section 1006(c) of title 17, United States Code, is
amended by striking ‘‘Copyright Royalty Tribunal’’
and inserting ‘‘Librarian of Congress shall convene
a copyright arbitration royalty panel which’’.
(4) PROCEDURES FOR DISTRIBUTING ROYALTY
PAYMENTS.—Section 1007 of title 17, United States
Code, is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘Copyright Royalty
Tribunal’’ and inserting ‘‘Librarian of
Congress’’; and
(ii) by striking ‘‘Tribunal’’ and insert-
ing ‘‘Librarian of Congress’’;
(B) in subsection (b)—
(i) by striking ‘‘Copyright Royalty
Tribunal’’ and inserting ‘‘Librarian of
Congress’’; and
(ii) by striking ‘‘Tribunal’’ each place
it appears and inserting ‘‘Librarian of
Congress’’; and
(C) in subsection (c)—
(i) by striking the first sentence and
inserting ‘‘If the Librarian of Congress
finds the existence of a controversy, the Li-
brarian shall, pursuant to chapter 8 of this
title, convene a copyright arbitration roy-
alty panel to determine the distribution of
royalty payments.’’;
(ii) by striking ‘‘Tribunal’’ each place
it appears and inserting ‘‘Librarian of
Congress’’; and
(iii) in the last sentence by striking
‘‘its reasonable administrative costs’’ and
inserting ‘‘the reasonable administrative
costs incurred by the Librarian’’.
(5) ARBITRATION OF CERTAIN DISPUTES.—Sec-
tion 1010 of title 17, United States Code, is amend-
ed—
(A) in subsection (b)—
(i) by striking ‘‘Copyright Royalty
Tribunal’’ and inserting ‘‘Librarian of
Congress’’; and
(ii) by striking ‘‘Tribunal’’ each place
it appears and inserting ‘‘Librarian of
Congress’’;
(B) in subsection (e)—
(i) in the subsection caption by strik-
ing ‘‘COPYRIGHT
ROYALTY
TRIBUNAL’’
and inserting ‘‘LIBRARIAN OF CONGRESS’’;
and
(ii) by striking ‘‘Copyright Royalty
Tribunal’’ and inserting ‘‘Librarian of
Congress’’;
(C) in subsection (f)—
(i) in the subsection caption by strik-
ing ‘‘COPYRIGHT
ROYALTY
TRIBUNAL’’
and inserting ‘‘LIBRARIAN OF CONGRESS’’;
(ii) by striking ‘‘Copyright Royalty
Tribunal’’ and inserting ‘‘Librarian of
Congress’’;
(iii) by striking ‘‘Tribunal’’ each place
it appears and inserting ‘‘Librarian of
Congress’’; and
(iv) in the third sentence by striking
‘‘its’’ and inserting ‘‘the Librarian’s’’; and
(D) in subsection (g)—
(i) by striking ‘‘Copyright Royalty
Tribunal’’ and inserting ‘‘Librarian of
Congress’’;
(ii) by striking ‘‘Tribunal’s decision’’
and inserting ‘‘decision of the Librarian of
Congress’’; and
(iii) by striking ‘‘Tribunal’’ each place
it appears and inserting ‘‘Librarian of
Congress’’.
SEC. 7. EFFECTIVE DATE AND TRANSITION PROVISIONS.
(a) IN GENERAL.—This Act and the amendments
made by this Act shall take effect on January 1, 1994.
(b) EFFECTIVENESS OF EXISTING RATES AND DIS-
TRIBUTIONS.—All royalty rates and all determinations
with respect to the proportionate division of compulsory
license fees among copyright claimants, whether made by
the Copyright Royalty Tribunal, or by voluntary agree-
ment, before the effective date set forth in subsection (a)
shall remain in effect until modified by voluntary agree-
ment or pursuant to the amendments made by this Act.
(c) TRANSFER
OF
APPROPRIATIONS.—All unex-
pended balances of appropriations made to the Copyright
Royalty Tribunal, as of the effective date of this Act, are
transferred on such effective date to the Copyright Office
for use by the Copyright Office for the purposes for which
such appropriations were made.
Passed the House of Representatives October 12,
1993.
Attest:
Clerk.
HR 2840 EH——2
HR 2840 EH——3