
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: 17USC802]

 
                          TITLE 17--COPYRIGHTS
 
             CHAPTER 8--COPYRIGHT ARBITRATION ROYALTY PANELS
 
Sec. 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(f), 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.

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2596; Pub. 
L. 101-319, Sec. 2(a), July 3, 1990, 104 Stat. 290; Pub. L. 103-198, 
Sec. 2(b), Dec. 17, 1993, 107 Stat. 2305; Pub. L. 104-39, Sec. 5(d)(2)-
(4), Nov. 1, 1995, 109 Stat. 349; Pub. L. 105-80, Sec. 8(b), Nov. 13, 
1997, 111 Stat. 1533; Pub. L. 105-304, title IV, Sec. 405(d), (e)(2)-
(4), Oct. 28, 1998, 112 Stat. 2902.)

                       References in Text

    The date of the enactment of the Copyright Royalty Tribunal Reform 
Act of 1993, referred to in subsec. (d), is the date of enactment of 
Pub. L. 103-198, which was approved Dec. 17, 1993.
    Section 307 of the Legislative Branch Appropriations Act, 1994, 
referred to in subsec. (h)(2), is section 307 of Pub. L. 103-69 which is 
set out as a note under section 60-1 of Title 2, The Congress.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-304, Sec. 405(e)(2), substituted 
``section 111, 112, 114, 116, or 119, any transmitting organization 
entitled to a statutory license under section 112(f), any person 
entitled to a statutory license'' for ``section 111, 114, 116, or 119, 
any person entitled to a compulsory license''.
    Subsec. (f). Pub. L. 105-304, Sec. 405(d)(1), substituted ``90'' for 
``60'' in first sentence and ``an additional 30-day period'' for ``that 
60-day period'' in third sentence.
    Subsec. (g). Pub. L. 105-304, Sec. 405(d)(2), (e)(3), inserted after 
second sentence ``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.'' and substituted ``sections 111, 112, 
114'' for ``sections 111, 114''.
    Subsec. (h)(2). Pub. L. 105-304, Sec. 405(e)(4), substituted 
``section 111, 112, 114'' for ``section 111, 114''.
    1997--Subsec. (h)(1). Pub. L. 105-80 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows:
    ``(1) Deduction of costs 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. 
If no royalty pool exists from which their costs can be deducted, the 
Librarian of Congress and the Copyright Office may assess their 
reasonable costs directly to the parties to the most recent relevant 
arbitration proceeding.''
    1995--Subsec. (c). Pub. L. 104-39, Sec. 5(d)(2), substituted 
``section 111, 114, 116, or 119, any person entitled to a compulsory 
license under section 114(d), any person entitled to a compulsory 
license under section 115,'' for ``section 111, 116, or 119,'' in third 
sentence.
    Subsec. (g). Pub. L. 104-39, Sec. 5(d)(3), inserted ``114,'' after 
``111,'' in third sentence.
    Subsec. (h)(2). Pub. L. 104-39, Sec. 5(d)(4), inserted ``114,'' 
after ``111,''.
    1993--Pub. L. 103-198 amended section generally, substituting 
present provisions for provisions relating to the membership of the 
Copyright Royalty Tribunal, chairman of the Tribunal, and filling of 
vacancies in the Tribunal.
    1990--Subsec. (a). Pub. L. 101-319 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``The Tribunal shall be 
composed of five commissioners appointed by the President with the 
advice and consent of the Senate for a term of seven years each; of the 
first five members appointed, three shall be designated to serve for 
seven years from the date of the notice specified in section 801(c), and 
two shall be designated to serve for five years from such date, 
respectively. Commissioners shall be compensated at the highest rate now 
or hereafter prescribe for grade 18 of the General Schedule pay rates (5 
U.S.C. 5332).''


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-39 effective 3 months after Nov. 1, 1995, 
see section 6 of Pub. L. 104-39, set out as a note under section 101 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 112, 114, 119, 801, 803 of 
this title.
