[109th Congress Public Law 303]
[From the U.S. Government Printing Office]
[DOCID: f:publ303.109]
[[Page 1477]]
COPYRIGHT ROYALTY JUDGES PROGRAM TECHNICAL CORRECTIONS ACT
[[Page 120 STAT. 1478]]
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. <<NOTE: Oct. 6, 2006 - [H.R. 1036]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Copyright
Royalty Judges Program Technical Corrections Act.>>
SECTION 1. <<NOTE: 17 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Copyright Royalty Judges Program
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
following:
``(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
subparagraph 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 Copyrights an interpretation of any material
questions of substantive law that relate to the
construction of provisions of this title and arise in
the course of the proceeding.
[[Page 120 STAT. 1479]]
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. <<NOTE: Deadline.>> 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 accompanies 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 ultimate
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
Copyrights,'' 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
published.'';
(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
[[Page 120 STAT. 1480]]
``(II) a statement that the
petitioner (individually 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 proceeding to determine the
distribution of royalties, the Copyright Royalty
Judges shall make available to all participants in
the proceeding a list of such participants. The
initiation of a voluntary negotiation period among
the participants shall be set at a time determined
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 written 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 written rebuttal statements by the
participants in a proceeding 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 statements.'';
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 conference 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 Copyright Royalty
Judges.''.
[[Page 120 STAT. 1481]]
(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
``statements 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 ``Section 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 determine that no such controversy
exists, the Copyright Royalty Judges shall
authorize the Librarian of Congress 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
administrative 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
controversy.''.
(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
[[Page 120 STAT. 1482]]
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
reasonable rates and terms of royalty payments for public
performances 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
subparagraphs (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
sentence 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 copyright owners entitled to receive them, or to
their designated agents, subject to the deduction of
reasonable administrative costs under this section.'';
and
[[Page 120 STAT. 1483]]
(B) by amending subparagraph (C) to read as follows:
``(C) Withholding of fees during controversy.--
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
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) <<NOTE: 17 USC 119 and note.>> 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) <<NOTE: 17 USC 801
note.>> 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
Royalty 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. <<NOTE: 17 USC 111 note.>> 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.
[[Page 120 STAT. 1484]]
(b) Partial Distribution of Royalty Fees.--Section 5 shall take
effect on the date of enactment of this Act.
Approved October 6, 2006.
LEGISLATIVE HISTORY--H.R. 1036:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-64 (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.
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