‘‘(e)(1) Except as expressly provided in this sub-
section, this section shall not apply to works other than
those specified in subsection (b).
‘‘(2) Owners of copyright in nondramatic literary
works and public broadcasting entities may, during the
course of voluntary negotiations, agree among themselves,
respectively, as to the terms and rates of royalty payments
without liability under the antitrust laws. Any such terms
and rates of royalty payments shall be effective upon being
filed in the Copyright Office, in accordance with regula-
tions that the Register of Copyrights shall prescribe.’’.
SEC. 5. REGISTRATION AND INFRINGEMENT ACTIONS.
Section 411(b)(1) of title 17, United States Code, is
amended to read as follows:
‘‘(1) serves notice upon the infringer, not less
than 48 hours before such fixation, identifying the
work and the specific time and source of its first
transmission, and declaring an intention to secure
copyright in the work; and’’.
SEC. 6. COPYRIGHT OFFICE FEES.
Section 708(b) of title 17, United States Code, is
amended to read as follows:
‘‘(b)(1) Subject to paragraph (2), in calender year
1996 and in any subsequent calendar year, the Register
of Copyrights, by regulation, may increase the fees speci-
fied in subsection (a) by the percent change in the
Consumer Price Index published by the Bureau of Labor
Statistics, calculated from the month before the last fee
became effective to the month before the new fee is pub-
lished, rounded off to the nearest dollar, or for a fee less
than $12, rounded off to the nearest 50 cents. In the case
of a change calculated from 1990, the Consumer Price
Index for the month of June 1990 shall be used.
‘‘(2) The Register may not increase fees under para-
graph (1) at intervals of less than 5 years.’’.
SEC. 7. COPYRIGHT ARBITRATION ROYALTY PANELS.
(a) ESTABLISHMENT AND PURPOSE.—Section 801 of
title 17, United States Code, is amended—
(1) in subsection (b)(1) by striking ‘‘and 116’’
in the first sentence and inserting ‘‘, 116, and 119’’;
(2) in subsection (c) by inserting after ‘‘panel’’
at the end of the sentence the following:
‘‘, including—
‘‘(1) authorizing the distribution of those roy-
alty fees collected under sections 111, 119, and
1005 that the Librarian has found are not subject
to controversy; and
‘‘(2) accepting or rejecting royalty claims filed
under sections 111, 119, and 1007 on the basis of
timeliness or the failure to establish the basis for a
claim’’; and
(3) by amending subsection (d) to read as fol-
lows:
‘‘(d) SUPPORT AND REIMBURSEMENT OF ARBITRA-
TION PANELS.—The Librarian of Congress, upon the rec-
ommendation of the Register of Copyrights, shall provide
the copyright arbitration royalty panels with the necessary
administrative services related to proceedings under this
chapter, and shall reimburse the arbitrators at such inter-
vals and in such manner as the Librarian shall provide
by regulation. Each such arbitrator is an independent con-
tractor acting on behalf of the United States, and shall
be paid pursuant to a signed agreement between the Li-
brary of Congress and the arbitrator. Subject to the provi-
sions of section 802(c), payments to the arbitrators shall
be considered costs incurred by the Library of Congress
and the Copyright Office for purposes of section
802(h)(1).’’.
(b) PROCEEDINGS.—Section 802(h)(1) of title 17,
United States Code, is amended—
(1) by amending the heading to read ‘‘DEDUC-
TION
OF
COSTS
OF
LIBRARY
OF
CONGRESS
AND
COPYRIGHT OFFICE FROM ROYALTY FEES.—’’; and
(2) by inserting before the period at the end of
the third sentence the following: ‘‘, by assessing 50
percent of the costs to the parties who would receive
royalties from the royalty rate adopted in the pro-
ceeding and 50 percent of the costs to the parties
who would pay the royalty rate so adopted’’.
SEC. 8. DIGITAL AUDIO RECORDING DEVICES AND MEDIA.
Section 1007(b) of title 17, United States Code, is
amended by striking ‘‘Within 30 days after’’ in the first
sentence and inserting ‘‘After’’.
SEC. 9. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this Act shall take effect
on the date of the enactment of this Act.
(b) SATELLITE HOME VIEWER ACT.—The amend-
ments made by section 1 shall be effective as if enacted
as part of the Satellite Home Viewer Act of 1994 (Public
Law 103–369).
Æ