§ 1007. — Procedures for distributing royalty payments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
