H. R. 1036—4
(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 ‘‘state-
ments 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 ‘‘Sec-
tion 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’’. 
(13) Section 804(b)(3) is amended—
(A) in subparagraph (A), by striking ‘‘effective date’’ 
and inserting ‘‘date of enactment’’; 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 Royalty Judges.’’; 
(2) in paragraph (4)—
(A) in subparagraph (B)—
(i) by striking the second sentence and inserting 
the following: ‘‘If the Copyright Royalty Judges deter-
mine that no such controversy exists, the Copyright 
Royalty Judges shall authorize the Librarian of Con-
gress to proceed to distribute such fees to the copyright 
owners entitled to receive them, or to their designated 
agents, subject to the deduction of reasonable adminis-
trative costs under this section.’’; and 
(ii) in the last sentence, by striking ‘‘finds’’ and 
inserting ‘‘find’’; and 
(B) by striking subparagraph (C) and inserting the 
following: 
‘‘(C) During the pendency of any proceeding under 
this subsection, the Copyright Royalty Judges shall have 
the discretion to authorize 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
H. R. 1036—5
period provided under section 6(b)(3) of the Copyright Royalty 
and Distribution Reform Act of 2004, or such other period 
as the parties may agree.’’; 
(2) by amending paragraph (2)(A) to read as follows: 
‘‘(2)(A) Proceedings under chapter 8 shall determine reason-
able rates and terms of royalty payments for public perform-
ances 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, except in the case of 
a different transitional period provided under section 6(b)(3) 
of the Copyright Royalty 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 services 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 Royalty Judges 
licenses covering such eligible nonsubscription transmissions 
and new subscription services with respect to such sound 
recordings. The parties to each proceeding shall bear their 
own costs.’’; and 
(3) in paragraph (2)(B), in the last sentence, by striking 
‘‘negotiated under’’ and inserting ‘‘described in’’. 
(c) PHONORECORDS OF NONDRAMATIC MUSICAL WORKS.—Section 
115(c)(3) of title 17, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘subparagraphs (B) 
through (F)’’ and inserting ‘‘this subparagraph and subpara-
graphs (C) through (E)’’; 
(2) in subparagraph (D), in the third sentence, by inserting 
‘‘in subparagraphs (B) and (C)’’ after ‘‘described’’; and 
(3) in subparagraph (E), in clauses (i) and (ii)(I), by striking 
‘‘(C) or (D)’’ each place it appears and inserting ‘‘(C) and (D)’’. 
(d) NONCOMMERCIAL BROADCASTING.—Section 118 of title 17, 
United States Code, is amended—
(1) in subsection (b)(3), by striking ‘‘copyright owners in 
works’’ and inserting ‘‘owners of copyright in works’’; and 
(2) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking 
‘‘established by’’ and all that follows through ‘‘engage’’ and 
inserting ‘‘established by the Copyright Royalty Judges 
under subsection (b)(4), engage’’; and 
(B) in paragraph (1), by striking ‘‘(g)’’ and inserting 
‘‘(f)’’. 
(e) SATELLITE CARRIERS.—Section 119 of title 17, United States 
Code, is amended—
(1) in subsection (b)(4)—
(A) in subparagraph (B), by striking the second sen-
tence and inserting the following: ‘‘If the Copyright Royalty 
Judges determine that no such controversy exists, the 
Copyright Royalty Judges shall authorize the Librarian 
of Congress to proceed to distribute such fees to the copy-
right owners entitled to receive them, or to their designated 
agents, subject to the deduction of reasonable administra-
tive costs under this section.’’; and
H. R. 1036—6
(B) by amending subparagraph (C) to read as follows: 
‘‘(C) WITHHOLDING OF FEES DURING CONTROVERSY.—
During the pendency of any proceeding under this sub-
section, the Copyright Royalty Judges shall have the discre-
tion to authorize the Librarian of Congress to proceed 
to distribute any amounts that are not in controversy.’’; 
and 
(2) in subsection (c)(1)(F)(i), in the last sentence, by striking 
‘‘arbitrary’’ and inserting ‘‘arbitration’’. 
(f) DIGITAL AUDIO RECORDING DEVICES.—Section 1007 of title 
17, United States Code, is amended—
(1) in subsection (b)—
(A) in the second sentence, by striking ‘‘Librarian of 
Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and 
(B) in the last sentence, by striking ‘‘by the Librarian’’; 
and 
(2) in subsection (c), in the last sentence, by striking ‘‘by 
the Librarian’’. 
(g) REMOVAL OF INCONSISTENT PROVISIONS.—The amendments 
contained in subsection (h) of section 5 of the Copyright Royalty 
and Distribution Reform Act of 2004 shall be deemed never to 
have been enacted. 
(h) EFFECTIVE DATE.—Section 6(b)(1) of the Copyright Royalty 
and Distribution Reform Act of 2004 (Public Law 108–419) is 
amended by striking ‘‘commenced before the date of enactment 
of this Act’’ and inserting ‘‘commenced before the effective date 
provided in subsection (a)’’. 
SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES. 
Section 801(b)(3)(C) of title 17, United States Code, is 
amended—
(1) by striking all that precedes clause (i) and inserting 
the following: 
‘‘(C) Notwithstanding section 804(b)(8), the Copyright Roy-
alty Judges, at any time after the filing of claims under section 
111, 119, or 1007, may, upon motion of one or more of the 
claimants and after publication in the Federal Register of a 
request for responses to the motion from interested claimants, 
make a partial distribution of such fees, if, based upon all 
responses received during the 30-day period beginning on the 
date of such publication, the Copyright Royalty Judges conclude 
that no claimant entitled to receive such fees has stated a 
reasonable objection to the partial distribution, and all such 
claimants—’’; and 
(2) in clause (i), by striking ‘‘such’’ and inserting ‘‘the’’. 
SEC. 6. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided under subsection (b), this 
Act and the amendments made by this Act shall be effective as 
if included in the Copyright Royalty and Distribution Reform Act 
of 2004.
H. R. 1036—7
(b) PARTIAL DISTRIBUTION OF ROYALTY FEES.—Section 5 shall 
take effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.