Copyright Royalty Judges Program Technical Corrections Act
PL 109-303 (H.R.1036), enacted 10/06/2006

120 STAT. 1478
PUBLIC LAW 109–303—OCT. 6, 2006
Public Law 109–303
109th Congress
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.
17 USC 101 note.
Copyright
Royalty Judges
Program
Technical
Corrections Act.
Oct. 6, 2006
[H.R. 1036]
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00222
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
120 STAT. 1479
PUBLIC LAW 109–303—OCT. 6, 2006
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
Deadline.
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00223
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
120 STAT. 1480
PUBLIC LAW 109–303—OCT. 6, 2006
‘‘(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.’’.
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00224
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
120 STAT. 1481
PUBLIC LAW 109–303—OCT. 6, 2006
(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
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00225
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
120 STAT. 1482
PUBLIC LAW 109–303—OCT. 6, 2006
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
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00226
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
120 STAT. 1483
PUBLIC LAW 109–303—OCT. 6, 2006
(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.
17 USC 111 note.
17 USC 801 note.
17 USC 119 and
note.
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00227
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
120 STAT. 1484
PUBLIC LAW 109–303—OCT. 6, 2006
LEGISLATIVE HISTORY—H.R. 1036:
HOUSE REPORTS: No. 109–64 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Nov. 16, considered and passed House.
Vol. 152 (2006): July 19, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendment.
(b) PARTIAL DISTRIBUTION OF ROYALTY FEES.—Section 5 shall
take effect on the date of enactment of this Act.
Approved October 6, 2006.
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00228
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002