Text: H.R.1036 — 109th Congress (2005-2006)All Bill Information (Except Text)

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Public Law No: 109-303 (10/06/2006)

 
[109th Congress Public Law 303]
[From the U.S. Government Printing Office]


[DOCID: f:publ303.109]

[[Page 1477]]

       COPYRIGHT ROYALTY JUDGES PROGRAM TECHNICAL CORRECTIONS ACT

[[Page 120 STAT. 1478]]

Public Law 109-303
109th Congress

                                 An Act


 
  To amend title 17, United States Code, to make technical corrections 
          relating to Copyright Royalty Judges, and for other 
            purposes. <<NOTE: Oct. 6, 2006 -  [H.R. 1036]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Copyright 
Royalty Judges Program Technical Corrections Act.>> 

SECTION 1. <<NOTE: 17 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Copyright Royalty Judges Program 
Technical Corrections Act''.

SEC. 2. REFERENCE.

    Any reference in this Act to a provision of title 17, United States 
Code, refers to such provision as amended by the Copyright Royalty and 
Distribution Reform Act of 2004 (Public Law 108-419) and the Satellite 
Home Viewer Extension and Reauthorization Act of 2004 (title IX of 
division J of Public Law 108-447).

SEC. 3. AMENDMENTS TO CHAPTER 8 OF TITLE 17, UNITED STATES CODE.

    Chapter 8 of title 17, United States Code, is amended as follows:
            (1) Section 801(b)(1) is amended, in the matter preceding 
        subparagraph (A), by striking ``119 and 1004'' and inserting 
        ``119, and 1004''.
            (2) Section 801 is amended by adding at the end the 
        following:

    ``(f) Effective Date of Actions.--On and after the date of the 
enactment of the Copyright Royalty and Distribution Reform Act of 2004, 
in any case in which time limits are prescribed under this title for 
performance of an action with or by the Copyright Royalty Judges, and in 
which the last day of the prescribed period falls on a Saturday, Sunday, 
holiday, or other nonbusiness day within the District of Columbia or the 
Federal Government, the action may be taken on the next succeeding 
business day, and is effective as of the date when the period 
expired.''.
            (3) Section 802(f)(1)(A) is amended--
                    (A) in clause (i), by striking ``clause (ii) of this 
                subparagraph and subparagraph (B)'' and inserting 
                ``subparagraph (B) and clause (ii) of this 
                subparagraph''; and
                    (B) by striking clause (ii) and inserting the 
                following:
                    ``(ii) One or more Copyright Royalty Judges may, or 
                by motion to the Copyright Royalty Judges, any 
                participant in a proceeding may, request from the 
                Register of Copyrights an interpretation of any material 
                questions of substantive law that relate to the 
                construction of provisions of this title and arise in 
                the course of the proceeding.

[[Page 120 STAT. 1479]]

                Any request for a written interpretation shall be in 
                writing and on the record, and reasonable provision 
                shall be made to permit participants in the proceeding 
                to comment on the material questions of substantive law 
                in a manner that minimizes duplication and 
                delay. <<NOTE: Deadline.>>  Except as provided in 
                subparagraph (B), the Register of Copyrights shall 
                deliver to the Copyright Royalty Judges a written 
                response within 14 days after the receipt of all briefs 
                and comments from the participants. The Copyright 
                Royalty Judges shall apply the legal interpretation 
                embodied in the response of the Register of Copyrights 
                if it is timely delivered, and the response shall be 
                included in the record that accompanies the final 
                determination. The authority under this clause shall not 
                be construed to authorize the Register of Copyrights to 
                provide an interpretation of questions of procedure 
                before the Copyright Royalty Judges, the ultimate 
                adjustments and determinations of copyright royalty 
                rates and terms, the ultimate distribution of copyright 
                royalties, or the acceptance or rejection of royalty 
                claims, rate adjustment petitions, or petitions to 
                participate in a proceeding.''.
            (4) Section 802(f)(1)(D) is amended by inserting a comma 
        after ``undertakes to consult with''.
            (5) Section 803(a)(1) is amended--
                    (A) by striking ``The Copyright'' and inserting 
                ``The Copyright Royalty Judges shall act in accordance 
                with this title, and to the extent not inconsistent with 
                this title, in accordance with subchapter II of chapter 
                5 of title 5, in carrying out the purposes set forth in 
                section 801. The Copyright''; and
                    (B) by inserting after ``Congress, the Register of 
                Copyrights,'' the following: ``copyright arbitration 
                royalty panels (to the extent those determinations are 
                not inconsistent with a decision of the Librarian of 
                Congress or the Register of Copyrights),''.
            (6) Section 803(b) is amended--
                    (A) in paragraph (1)(A)(i)(V)--
                          (i) by striking ``in the case of'' and 
                      inserting ``the publication of notice requirement 
                      shall not apply in the case of''; and
                          (ii) by striking ``, such notice may not be 
                      published.'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``, 
                      together with a filing fee of $150'';
                          (ii) in subparagraph (B), by striking ``and'' 
                      after the semicolon;
                          (iii) in subparagraph (C), by striking the 
                      period and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(D) the petition to participate is accompanied by 
                either--
                          ``(i) in a proceeding to determine royalty 
                      rates, a filing fee of $150; or
                          ``(ii) in a proceeding to determine 
                      distribution of royalty fees--
                                    ``(I) a filing fee of $150; or

[[Page 120 STAT. 1480]]

                                    ``(II) a statement that the 
                                petitioner (individually or as a group) 
                                will not seek a distribution of more 
                                than $1000, in which case the amount 
                                distributed to the petitioner shall not 
                                exceed $1000.'';
                    (C) in paragraph (3)(A)--
                          (i) by striking ``(A) In general.--Promptly'' 
                      and inserting ``(A) Commencement of proceedings.--
                          ``(i) Rate adjustment proceeding.--Promptly''; 
                      and
                          (ii) by adding at the end the following:
                          ``(ii) Distribution proceeding.--Promptly 
                      after the date for filing of petitions to 
                      participate in a proceeding to determine the 
                      distribution of royalties, the Copyright Royalty 
                      Judges shall make available to all participants in 
                      the proceeding a list of such participants. The 
                      initiation of a voluntary negotiation period among 
                      the participants shall be set at a time determined 
                      by the Copyright Royalty Judges.''.
                    (D) in paragraph (4)(A), by striking the last 
                sentence; and
                    (E) in paragraph (6)(C)--
                          (i) in clause (i)--
                                    (I) in the first sentence, by 
                                inserting ``and written rebuttal 
                                statements'' after ``written direct 
                                statements'';
                                    (II) in the first sentence, by 
                                striking ``which may'' and inserting 
                                ``which, in the case of written direct 
                                statements, may''; and
                                    (III) by striking ``clause (iii)'' 
                                and inserting ``clause (iv)'';
                          (ii) by amending clause (ii)(I) to read as 
                      follows:
                          ``(ii)(I) Following the submission to the 
                      Copyright Royalty Judges of written direct 
                      statements and written rebuttal statements by the 
                      participants in a proceeding under paragraph (2), 
                      the Copyright Royalty Judges, after taking into 
                      consideration the views of the participants in the 
                      proceeding, shall determine a schedule for 
                      conducting and completing discovery.'';
                          (iii) by amending clause (iv) to read as 
                      follows:
                          ``(iv) Discovery in connection with written 
                      direct statements shall be permitted for a period 
                      of 60 days, except for discovery ordered by the 
                      Copyright Royalty Judges in connection with the 
                      resolution of motions, orders, and disputes 
                      pending at the end of such period. The Copyright 
                      Royalty Judges may order a discovery schedule in 
                      connection with written rebuttal statements.''; 
                      and
                          (iv) by amending clause (x) to read as 
                      follows:
                          ``(x) The Copyright Royalty Judges shall order 
                      a settlement conference among the participants in 
                      the proceeding to facilitate the presentation of 
                      offers of settlement among the participants. The 
                      settlement conference shall be held during a 21-
                      day period following the 60-day discovery period 
                      specified in clause (iv) and shall take place 
                      outside the presence of the Copyright Royalty 
                      Judges.''.

[[Page 120 STAT. 1481]]

            (7) Section 803(c)(2)(B) is amended by striking ``concerning 
        rates and terms''.
            (8) Section 803(c)(4) is amended by striking ``, with the 
        approval of the Register of Copyrights,''.
            (9) Section 803(c)(7) is amended by striking ``of 
        Copyright'' and inserting ``of the Copyright''.
            (10) Section 803(d)(2)(C)(i)(I) is amended by striking 
        ``statements of account and any report of use'' and inserting 
        ``applicable statements of account and reports of use''.
            (11) Section 803(d)(3) is amended by striking ``If the 
        court, pursuant to section 706 of title 5, modifies'' and 
        inserting ``Section 706 of title 5 shall apply with respect to 
        review by the court of appeals under this subsection. If the 
        court modifies''.
            (12) Section 804(b)(1)(B) is amended--
                    (A) by striking ``801(b)(3)(B) or (C)'' and 
                inserting ``801(b)(2)(B) or (C)''; and
                    (B) in the last sentence, by striking ``change is'' 
                and inserting ``change in''.
            (13) Section 804(b)(3) is amended--
                    (A) in subparagraph (A), by striking ``effective 
                date'' and inserting ``date of enactment''; and
                    (B) in subparagraph (C)--
                          (i) in clause (ii), by striking ``that is 
                      filed'' and inserting ``is filed''; and
                          (ii) in clause (iii), by striking ``such 
                      subsections (b)'' and inserting ``subsections 
                      (b)''.

SEC. 4. ADDITIONAL TECHNICAL AMENDMENTS.

    (a) Distribution of Royalty Fees.--Section 111(d) of title 17, 
United States Code, is amended--
            (1) in the second sentence of paragraph (2), by striking all 
        that follows ``Librarian of Congress'' and inserting ``upon 
        authorization by the Copyright Royalty Judges.'';
            (2) in paragraph (4)--
                    (A) in subparagraph (B)--
                          (i) by striking the second sentence and 
                      inserting the following: ``If the Copyright 
                      Royalty Judges determine that no such controversy 
                      exists, the Copyright Royalty Judges shall 
                      authorize the Librarian of Congress to proceed to 
                      distribute such fees to the copyright owners 
                      entitled to receive them, or to their designated 
                      agents, subject to the deduction of reasonable 
                      administrative costs under this section.''; and
                          (ii) in the last sentence, by striking 
                      ``finds'' and inserting ``find''; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) During the pendency of any proceeding under 
                this subsection, the Copyright Royalty Judges shall have 
                the discretion to authorize the Librarian of Congress to 
                proceed to distribute any amounts that are not in 
                controversy.''.

    (b) Sound Recordings.--Section 114(f) of title 17, United States 
Code, is amended--
            (1) in paragraph (1)(A), in the first sentence, by striking 
        ``except where'' and all that follows through the end period and 
        inserting ``except in the case of a different transitional

[[Page 120 STAT. 1482]]

        period provided under section 6(b)(3) of the Copyright Royalty 
        and Distribution Reform Act of 2004, or such other period as the 
        parties may agree.'';
            (2) by amending paragraph (2)(A) to read as follows:
            ``(2)(A) Proceedings under chapter 8 shall determine 
        reasonable rates and terms of royalty payments for public 
        performances of sound recordings by means of eligible 
        nonsubscription transmission services and new subscription 
        services specified by subsection (d)(2) during the 5-year period 
        beginning on January 1 of the second year following the year in 
        which the proceedings are to be commenced, except in the case of 
        a different transitional period provided under section 6(b)(3) 
        of the Copyright Royalty and Distribution Reform Act of 2004, or 
        such other period as the parties may agree. Such rates and terms 
        shall distinguish among the different types of eligible 
        nonsubscription transmission services and new subscription 
        services then in operation and shall include a minimum fee for 
        each such type of service. Any copyright owners of sound 
        recordings or any entities performing sound recordings affected 
        by this paragraph may submit to the Copyright Royalty Judges 
        licenses covering such eligible nonsubscription transmissions 
        and new subscription services with respect to such sound 
        recordings. The parties to each proceeding shall bear their own 
        costs.''; and
            (3) in paragraph (2)(B), in the last sentence, by striking 
        ``negotiated under'' and inserting ``described in''.

    (c) Phonorecords of Nondramatic Musical Works.--Section 115(c)(3) of 
title 17, United States Code, is amended--
            (1) in subparagraph (B), by striking ``subparagraphs (B) 
        through (F)'' and inserting ``this subparagraph and 
        subparagraphs (C) through (E)'';
            (2) in subparagraph (D), in the third sentence, by inserting 
        ``in subparagraphs (B) and (C)'' after ``described''; and
            (3) in subparagraph (E), in clauses (i) and (ii)(I), by 
        striking ``(C) or (D)'' each place it appears and inserting 
        ``(C) and (D)''.

    (d) Noncommercial Broadcasting.--Section 118 of title 17, United 
States Code, is amended--
            (1) in subsection (b)(3), by striking ``copyright owners in 
        works'' and inserting ``owners of copyright in works''; and
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``established by'' and all that follows through 
                ``engage'' and inserting ``established by the Copyright 
                Royalty Judges under subsection (b)(4), engage''; and
                    (B) in paragraph (1), by striking ``(g)'' and 
                inserting ``(f)''.

    (e) Satellite Carriers.--Section 119 of title 17, United States 
Code, is amended--
            (1) in subsection (b)(4)--
                    (A) in subparagraph (B), by striking the second 
                sentence and inserting the following: ``If the Copyright 
                Royalty Judges determine that no such controversy 
                exists, the Copyright Royalty Judges shall authorize the 
                Librarian of Congress to proceed to distribute such fees 
                to the copyright owners entitled to receive them, or to 
                their designated agents, subject to the deduction of 
                reasonable administrative costs under this section.''; 
                and

[[Page 120 STAT. 1483]]

                    (B) by amending subparagraph (C) to read as follows:
                    ``(C) Withholding of fees during controversy.--
                During the pendency of any proceeding under this 
                subsection, the Copyright Royalty Judges shall have the 
                discretion to authorize the Librarian of Congress to 
                proceed to distribute any amounts that are not in 
                controversy.''; and
            (2) in subsection (c)(1)(F)(i), in the last sentence, by 
        striking ``arbitrary'' and inserting ``arbitration''.

    (f) Digital Audio Recording Devices.--Section 1007 of title 17, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the second sentence, by striking ``Librarian 
                of Congress'' and inserting ``Copyright Royalty 
                Judges''; and
                    (B) in the last sentence, by striking ``by the 
                Librarian''; and
            (2) in subsection (c), in the last sentence, by striking 
        ``by the Librarian''.

    (g) <<NOTE: 17 USC 119 and note.>> Removal of Inconsistent 
Provisions.--The amendments contained in subsection (h) of section 5 of 
the Copyright Royalty and Distribution Reform Act of 2004 shall be 
deemed never to have been enacted.

    (h) Effective Date.--Section 6(b)(1) of the Copyright Royalty and 
Distribution Reform Act of 2004 (Public Law 108-419) <<NOTE: 17 USC 801 
note.>>  is amended by striking ``commenced before the date of enactment 
of this Act'' and inserting ``commenced before the effective date 
provided in subsection (a)''.

SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES.

    Section 801(b)(3)(C) of title 17, United States Code, is amended--
            (1) by striking all that precedes clause (i) and inserting 
        the following:
            ``(C) Notwithstanding section 804(b)(8), the Copyright 
        Royalty Judges, at any time after the filing of claims under 
        section 111, 119, or 1007, may, upon motion of one or more of 
        the claimants and after publication in the Federal Register of a 
        request for responses to the motion from interested claimants, 
        make a partial distribution of such fees, if, based upon all 
        responses received during the 30-day period beginning on the 
        date of such publication, the Copyright Royalty Judges conclude 
        that no claimant entitled to receive such fees has stated a 
        reasonable objection to the partial distribution, and all such 
        claimants--''; and
            (2) in clause (i), by striking ``such'' and inserting 
        ``the''.

SEC. 6. <<NOTE: 17 USC 111 note.>> EFFECTIVE DATE.

    (a) In General.--Except as provided under subsection (b), this Act 
and the amendments made by this Act shall be effective as if included in 
the Copyright Royalty and Distribution Reform Act of 2004.

[[Page 120 STAT. 1484]]

    (b) Partial Distribution of Royalty Fees.--Section 5 shall take 
effect on the date of enactment of this Act.

    Approved October 6, 2006.

LEGISLATIVE HISTORY--H.R. 1036:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-64 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    Nov. 16, considered and passed 
                                        House.
                                                        Vol. 152 (2006):
                                    July 19, considered and passed 
                                        Senate, amended.
                                    Sept. 25, House concurred in Senate 
                                        amendment.

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