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U.S. Code as of:
01/19/04
Section 802. Membership and proceedings of copyright arbitration royalty panels
(a) Composition of Copyright Arbitration Royalty Panels. - A
copyright arbitration royalty panel shall consist of 3 arbitrators
selected by the Librarian of Congress pursuant to subsection (b).
(b) Selection of Arbitration Panel. - Not later than 10 days
after publication of a notice in the Federal Register initiating an
arbitration proceeding under section 803, and in accordance with
procedures specified by the Register of Copyrights, the Librarian
of Congress shall, upon the recommendation of the Register of
Copyrights, select 2 arbitrators from lists provided by
professional arbitration associations. Qualifications of the
arbitrators shall include experience in conducting arbitration
proceedings and facilitating the resolution and settlement of
disputes, and any qualifications which the Librarian of Congress,
upon the recommendation of the Register of Copyrights, shall adopt
by regulation. The 2 arbitrators so selected shall, within 10 days
after their selection, choose a third arbitrator from the same
lists, who shall serve as the chairperson of the arbitrators. If
such 2 arbitrators fail to agree upon the selection of a third
arbitrator, the Librarian of Congress shall promptly select the
third arbitrator. The Librarian of Congress, upon the
recommendation of the Register of Copyrights, shall adopt
regulations regarding standards of conduct which shall govern
arbitrators and the proceedings under this chapter.
(c) Arbitration Proceedings. - Copyright arbitration royalty
panels shall conduct arbitration proceedings, subject to subchapter
II of chapter 5 of title 5, for the purpose of making their
determinations in carrying out the purposes set forth in section
801. The arbitration panels shall act on the basis of a fully
documented written record, prior decisions of the Copyright Royalty
Tribunal, prior copyright arbitration panel determinations, and
rulings by the Librarian of Congress under section 801(c). Any
copyright owner who claims to be entitled to royalties under
section 111, 112, 114, 116, or 119, any transmitting organization
entitled to a statutory license under section 112(g), any person
entitled to a statutory license under section 114(d), any person
entitled to a compulsory license under section 115, or any
interested copyright party who claims to be entitled to royalties
under section 1006, may submit relevant information and proposals
to the arbitration panels in proceedings applicable to such
copyright owner or interested copyright party, and any other person
participating in arbitration proceedings may submit such relevant
information and proposals to the arbitration panel conducting the
proceedings. In ratemaking proceedings, the parties to the
proceedings shall bear the entire cost thereof in such manner and
proportion as the arbitration panels shall direct. In distribution
proceedings, the parties shall bear the cost in direct proportion
to their share of the distribution.
(d) Procedures. - Effective on the date of the enactment of the
Copyright Royalty Tribunal Reform Act of 1993, the Librarian of
Congress shall adopt the rules and regulations set forth in chapter
3 of title 37 of the Code of Federal Regulations to govern
proceedings under this chapter. Such rules and regulations shall
remain in effect unless and until the Librarian, upon the
recommendation of the Register of Copyrights, adopts supplemental
or superseding regulations under subchapter II of chapter 5 of
title 5.
(e) Report to the Librarian of Congress. - Not later than 180
days after publication of the notice in the Federal Register
initiating an arbitration proceeding, the copyright arbitration
royalty panel conducting the proceeding shall report to the
Librarian of Congress its determination concerning the royalty fee
or distribution of royalty fees, as the case may be. Such report
shall be accompanied by the written record, and shall set forth the
facts that the arbitration panel found relevant to its
determination.
(f) Action by Librarian of Congress. - Within 90 days after
receiving the report of a copyright arbitration royalty panel under
subsection (e), the Librarian of Congress, upon the recommendation
of the Register of Copyrights, shall adopt or reject the
determination of the arbitration panel. The Librarian shall adopt
the determination of the arbitration panel unless the Librarian
finds that the determination is arbitrary or contrary to the
applicable provisions of this title. If the Librarian rejects the
determination of the arbitration panel, the Librarian shall, before
the end of an additional 30-day period, and after full examination
of the record created in the arbitration proceeding, issue an order
setting the royalty fee or distribution of fees, as the case may
be. The Librarian shall cause to be published in the Federal
Register the determination of the arbitration panel, and the
decision of the Librarian (including an order issued under the
preceding sentence). The Librarian shall also publicize such
determination and decision in such other manner as the Librarian
considers appropriate. The Librarian shall also make the report of
the arbitration panel and the accompanying record available for
public inspection and copying.
(g) Judicial Review. - Any decision of the Librarian of Congress
under subsection (f) with respect to a determination of an
arbitration panel may be appealed, by any aggrieved party who would
be bound by the determination, to the United States Court of
Appeals for the District of Columbia Circuit, within 30 days after
the publication of the decision in the Federal Register. If no
appeal is brought within such 30-day period, the decision of the
Librarian is final, and the royalty fee or determination with
respect to the distribution of fees, as the case may be, shall take
effect as set forth in the decision. When this title provides that
the royalty rates or terms that were previously in effect are to
expire on a specified date, any adjustment by the Librarian of
those rates or terms shall be effective as of the day following the
date of expiration of the rates or terms that were previously in
effect, even if the Librarian's decision is rendered on a later
date. The pendency of an appeal under this paragraph shall not
relieve persons obligated to make royalty payments under sections
111, 112, 114, 115, 116, 118, 119, or 1003 who would be affected by
the determination on appeal to deposit the statement of account and
royalty fees specified in those sections. The court shall have
jurisdiction to modify or vacate a decision of the Librarian only
if it finds, on the basis of the record before the Librarian, that
the Librarian acted in an arbitrary manner. If the court modifies
the decision of the Librarian, the court shall have jurisdiction to
enter its own determination with respect to the amount or
distribution of royalty fees and costs, to order the repayment of
any excess fees, and to order the payment of any underpaid fees,
and the interest pertaining respectively thereto, in accordance
with its final judgment. The court may further vacate the decision
of the arbitration panel and remand the case to the Librarian for
arbitration proceedings in accordance with subsection (c).
(h) Administrative Matters. -
(1) Deduction of costs of library of congress and copyright
office from royalty fees. - The Librarian of Congress and the
Register of Copyrights may, to the extent not otherwise provided
under this title, deduct from royalty fees deposited or collected
under this title the reasonable costs incurred by the Library of
Congress and the Copyright Office under this chapter. Such
deduction may be made before the fees are distributed to any
copyright claimants. In addition, all funds made available by an
appropriations Act as offsetting collections and available for
deductions under this subsection shall remain available until
expended. In ratemaking proceedings, the reasonable costs of the
Librarian of Congress and the Copyright Office shall be borne by
the parties to the proceedings as directed by the arbitration
panels under subsection (c).
(2) Positions required for administration of compulsory
licensing. - Section 307 of the Legislative Branch Appropriations
Act, 1994, shall not apply to employee positions in the Library
of Congress that are required to be filled in order to carry out
section 111, 112, 114, 115, 116, 118, or 119 or chapter 10.
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