Laws: Cases and Codes : U.S. Code : Title 17 : Section 118
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U.S. Code as of:
01/19/04
Section 118 - Notes
SOURCE
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2565;
Pub. L. 103-198, Sec. 4, Dec. 17, 1993, 107 Stat. 2309; Pub. L.
106-44, Sec. 1(g)(3), Aug. 5, 1999, 113 Stat. 222; Pub. L. 107-273,
div. C, title III, Sec. 13210(7), Nov. 2, 2002, 116 Stat. 1909.)
HISTORICAL AND REVISION NOTES
REFERENCES IN TEXT
The antitrust laws, referred to in subsecs. (b) and (e), are
classified generally to chapter 1 (Sec. 1 et seq.) of Title 15,
Commerce and Trade.
AMENDMENTS
2002 - Subsec. (b)(1). Pub. L. 107-273 struck out "to it" after
"proposals submitted" in second sentence.
1999 - Subsec. (e). Pub. L. 106-44 struck out "(1)" before
"Owners of" and struck out par. (2) which read as follows: "On
January 3, 1980, the Register of Copyrights, after consulting with
authors and other owners of copyright in nondramatic literary works
and their representatives, and with public broadcasting entities
and their representatives, shall submit to the Congress a report
setting forth the extent to which voluntary licensing arrangements
have been reached with respect to the use of nondramatic literary
works by such broadcast stations. The report should also describe
any problems that may have arisen, and present legislative or other
recommendations, if warranted."
1993 - Subsec. (b). Pub. L. 103-198, Sec. 4(1)(A), (B), struck
out first two sentences which read as follows: "Not later than
thirty days after the Copyright Royalty Tribunal has been
constituted in accordance with section 802, the Chairman of the
Tribunal shall cause notice to be published in the Federal Register
of the initiation of proceedings for the purpose of determining
reasonable terms and rates of royalty payments for the activities
specified by subsection (d) with respect to published nondramatic
musical works and published pictorial, graphic, and sculptural
works during a period beginning as provided in clause (3) of this
subsection and ending on December 31, 1982. Copyright owners and
public broadcasting entities shall negotiate in good faith and
cooperate fully with the Tribunal in an effort to reach reasonable
and expeditious results.", and in third sentence substituted
"published nondramatic musical works and published pictorial,
graphic, and sculptural works" for "works specified by this
subsection".
Subsec. (b)(1). Pub. L. 103-198, Sec. 4(1)(C), struck out ",
within one hundred and twenty days after publication of the notice
specified in this subsection," after "broadcasting entity may" and
substituted "Librarian of Congress" for "Copyright Royalty
Tribunal" wherever appearing.
Subsec. (b)(2). Pub. L. 103-198, Sec. 4(1)(D), substituted
"Librarian of Congress" for "Tribunal".
Subsec. (b)(3). Pub. L. 103-198, Sec. 4(1)(E)(ii), (iii), in
second sentence, substituted "copyright arbitration royalty panel"
for "Copyright Royalty Tribunal" and "paragraph (2)" for "clause
(2) of this subsection", and in last sentence, substituted
"Librarian of Congress" for "Copyright Royalty Tribunal".
Pub. L. 103-198, Sec. 4(1)(E)(i), substituted first sentence for
former first sentence which read as follows: "Within six months,
but not earlier than one hundred and twenty days, from the date of
publication of the notice specified in this subsection the
Copyright Royalty Tribunal shall make a determination and publish
in the Federal Register a schedule of rates and terms which,
subject to clause (2) of this subsection, shall be binding on all
owners of copyright in works specified by this subsection and
public broadcasting entities, regardless of whether or not such
copyright owners and public broadcasting entities have submitted
proposals to the Tribunal."
Subsec. (b)(4). Pub. L. 103-198, Sec. 4(1)(F), struck out par.
(4) which read as follows: "With respect to the period beginning on
the effective date of this title and ending on the date of
publication of such rates and terms, this title shall not afford to
owners of copyright or public broadcasting entities any greater or
lesser rights with respect to the activities specified in
subsection (d) as applied to works specified in this subsection
than those afforded under the law in effect on December 31, 1977,
as held applicable and construed by a court in an action brought
under this title."
Subsec. (c). Pub. L. 103-198, Sec. 4(2), substituted "1997" for
"1982" and "Librarian of Congress" for "Copyright Royalty
Tribunal".
Subsec. (d). Pub. L. 103-198, Sec. 4(3), in introductory
provisions, struck out "to the transitional provisions of
subsection (b)(4), and" after "Subject" and substituted "a
copyright arbitration royalty panel" for "the Copyright Royalty
Tribunal", and in pars. (2) and (3), substituted "paragraph" for
"clause" wherever appearing.
Subsec. (g). Pub. L. 103-198, Sec. 4(4), substituted "paragraph"
for "clause".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 114, 501, 504, 511,
801, 802, 803, 1203, 1204 of this title; title 18 section 2319.
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