[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1036 Enrolled Bill (ENR)]
H.R.1036
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend title 17, United States Code, to make technical corrections
relating to Copyright Royalty Judges, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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. 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. 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
``(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.''.
(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 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
(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) 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) 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. 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.
(b) Partial Distribution of Royalty Fees.--Section 5 shall take
effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.