§ 1010. — Arbitration of certain disputes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
