
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: 17USC1010]

 
                          TITLE 17--COPYRIGHTS
 
          CHAPTER 10--DIGITAL AUDIO RECORDING DEVICES AND MEDIA
 
SUBCHAPTER D--PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND 
                               ARBITRATION
 
Sec. 1010. Arbitration of certain disputes

    (a) Scope of Arbitration.--Before the date of first distribution in 
the United States of a digital audio recording device or a digital audio 
interface device, any party manufacturing, importing, or distributing 
such device, and any interested copyright party may mutually agree to 
binding arbitration for the purpose of determining whether such device 
is subject to section 1002, or the basis on which royalty payments for 
such device are to be made under section 1003.
    (b) Initiation of Arbitration Proceedings.--Parties agreeing to such 
arbitration shall file a petition with the Librarian of Congress 
requesting the commencement of an arbitration proceeding. The petition 
may include the names and qualifications of potential arbitrators. 
Within 2 weeks after receiving such a petition, the Librarian of 
Congress shall cause notice to be published in the Federal Register of 
the initiation of an arbitration proceeding. Such notice shall include 
the names and qualifications of 3 arbitrators chosen by the Librarian of 
Congress from a list of available arbitrators obtained from the American 
Arbitration Association or such similar organization as the Librarian of 
Congress shall select, and from potential arbitrators listed in the 
parties' petition. The arbitrators selected under this subsection shall 
constitute an Arbitration Panel.
    (c) Stay of Judicial Proceedings.--Any civil action brought under 
section 1009 against a party to arbitration under this section shall, on 
application of one of the parties to the arbitration, be stayed until 
completion of the arbitration proceeding.
    (d) Arbitration Proceeding.--The Arbitration Panel shall conduct an 
arbitration proceeding with respect to the matter concerned, in 
accordance with such procedures as it may adopt. The Panel shall act on 
the basis of a fully documented written record. Any party to the 
arbitration may submit relevant information and proposals to the Panel. 
The parties to the proceeding shall bear the entire cost thereof in such 
manner and proportion as the Panel shall direct.
    (e) Report to Librarian of Congress.--Not later than 60 days after 
publication of the notice under subsection (b) of the initiation of an 
arbitration proceeding, the Arbitration Panel shall report to the 
Librarian of Congress its determination concerning whether the device 
concerned is subject to section 1002, or the basis on which royalty 
payments for the device are to be made under section 1003. Such report 
shall be accompanied by the written record, and shall set forth the 
facts that the Panel found relevant to its determination.
    (f) Action by the Librarian of Congress.--Within 60 days after 
receiving the report of the Arbitration Panel under subsection (e), the 
Librarian of Congress shall adopt or reject the determination of the 
Panel. The Librarian of Congress shall adopt the determination of the 
Panel unless the Librarian of Congress finds that the determination is 
clearly erroneous. If the Librarian of Congress rejects the 
determination of the Panel, the Librarian of Congress shall, before the 
end of that 60-day period, and after full examination of the record 
created in the arbitration proceeding, issue an order setting forth the 
Librarian's decision and the reasons therefor. The Librarian of Congress 
shall cause to be published in the Federal Register the determination of 
the Panel and the decision of the Librarian of Congress under this 
subsection with respect to the determination (including any order issued 
under the preceding sentence).
    (g) Judicial Review.--Any decision of the Librarian of Congress 
under subsection (f) with respect to a determination of the Arbitration 
Panel may be appealed, by a party to the arbitration, 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. The 
pendency of an appeal under this subsection shall not stay the decision 
of the Librarian of Congress. The court shall have jurisdiction to 
modify or vacate a decision of the Librarian of Congress only if it 
finds, on the basis of the record before the Librarian of Congress, that 
the Arbitration Panel or the Librarian of Congress acted in an arbitrary 
manner. If the court modifies the decision of the Librarian of Congress, 
the court shall have jurisdiction to enter its own decision in 
accordance with its final judgment. The court may further vacate the 
decision of the Librarian of Congress and remand the case for 
arbitration proceedings as provided in this section.

(Added Pub. L. 102-563, Sec. 2, Oct. 28, 1992, 106 Stat. 4246; amended 
Pub. L. 103-198, Sec. 6(b)(5), Dec. 17, 1993, 107 Stat. 2312.)


                               Amendments

    1993--Subsec. (b). Pub. L. 103-198, Sec. 6(b)(5)(A), substituted 
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' before 
``requesting the commencement'' and for ``Tribunal'' wherever appearing.
    Subsec. (e). Pub. L. 103-198, Sec. 6(b)(5)(B), substituted 
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' in heading 
and text.
    Subsec. (f). Pub. L. 103-198, Sec. 6(b)(5)(C), substituted 
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' in heading 
and before ``shall adopt or reject'' in text, substituted ``Librarian of 
Congress'' for ``Tribunal'' wherever appearing, and substituted ``the 
Librarian's'' for ``its''.
    Subsec. (g). Pub. L. 103-198, Sec. 6(b)(5)(D), substituted 
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' after ``Any 
decision of the'', ``decision of the Librarian of Congress'' for 
``Tribunal's decision'' in second sentence, and ``Librarian of 
Congress'' for ``Tribunal'' wherever appearing in third through fifth 
sentences.
