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U.S. Code as of:
01/19/04
Section 1007. Procedures for distributing royalty payments
(a) Filing of Claims and Negotiations. -
(1) Filing of claims. - During the first 2 months of each
calendar year after calendar year 1992, every interested
copyright party seeking to receive royalty payments to which such
party is entitled under section 1006 shall file with the
Librarian of Congress a claim for payments collected during the
preceding year in such form and manner as the Librarian of
Congress shall prescribe by regulation.
(2) Negotiations. - Notwithstanding any provision of the
antitrust laws, for purposes of this section interested copyright
parties within each group specified in section 1006(b) may agree
among themselves to the proportionate division of royalty
payments, may lump their claims together and file them jointly or
as a single claim, or may designate a common agent, including any
organization described in section 1001(7)(D), to negotiate or
receive payment on their behalf; except that no agreement under
this subsection may modify the allocation of royalties specified
in section 1006(b).
(b) Distribution of Payments in the Absence of a Dispute. - After
the period established for the filing of claims under subsection
(a), in each year after 1992, the Librarian of Congress shall
determine whether there exists a controversy concerning the
distribution of royalty payments under section 1006(c). If the
Librarian of Congress determines that no such controversy exists,
the Librarian of Congress shall, within 30 days after such
determination, authorize the distribution of the royalty payments
as set forth in the agreements regarding the distribution of
royalty payments entered into pursuant to subsection (a), after
deducting its reasonable administrative costs under this section.
(c) Resolution of Disputes. - If the Librarian of Congress finds
the existence of a controversy, the Librarian shall, pursuant to
chapter 8 of this title, convene a copyright arbitration royalty
panel to determine the distribution of royalty payments. During the
pendency of such a proceeding, the Librarian of Congress shall
withhold from distribution an amount sufficient to satisfy all
claims with respect to which a controversy exists, but shall, to
the extent feasible, authorize the distribution of any amounts that
are not in controversy. The Librarian of Congress shall, before
authorizing the distribution of such royalty payments, deduct the
reasonable administrative costs incurred by the Librarian under
this section.
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