
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC1007]

 
                          TITLE 17--COPYRIGHTS
 
          CHAPTER 10--DIGITAL AUDIO RECORDING DEVICES AND MEDIA
 
                     SUBCHAPTER C--ROYALTY PAYMENTS
 
Sec. 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.

(Added Pub. L. 102-563, Sec. 2, Oct. 28, 1992, 106 Stat. 4244; amended 
Pub. L. 103-198, Sec. 6(b)(4), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 
105-80, Secs. 9, 12(a)(25), Nov. 13, 1997, 111 Stat. 1534, 1535.)


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-80, Sec. 12(a)(25)(A), substituted 
``calendar year 1992'' for ``the calendar year in which this chapter 
takes effect''.
    Subsec. (b). Pub. L. 105-80, Secs. 9, 12(a)(25)(B), substituted 
``After the period established'' for ``Within 30 days after the period 
established'' and ``each year after 1992'' for ``each year after the 
year in which this section takes effect''.
    1993--Subsec. (a)(1). Pub. L. 103-198, Sec. 6(b)(4)(A), substituted 
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' before ``a 
claim for'' and for ``Tribunal'' before ``shall prescribe''.
    Subsec. (b). Pub. L. 103-198, Sec. 6(b)(4)(B), substituted 
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' before 
``shall determine whether'' and for ``Tribunal'' wherever appearing.
    Subsec. (c). Pub. L. 103-198, Sec. 6(b)(4)(C), substituted first 
sentence for ``If the Tribunal finds the existence of a controversy, it 
shall, pursuant to chapter 8 of this title, conduct a proceeding to 
determine the distribution of royalty payments.'', substituted 
``Librarian of Congress'' for ``Tribunal'' wherever appearing in second 
and third sentences, and ``the reasonable administrative costs incurred 
by the Librarian'' for ``its reasonable administrative costs'' in last 
sentence.

                  Section Referred to in Other Sections

    This section is referred to in sections 801, 803, 1005, 1006 of this 
title.
