§ 802. — Membership and proceedings of copyright arbitration royalty panels.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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(g), 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; Pub. L. 107-273, div. C, title III,
Sec. 13301(c)(2), Nov. 2, 2002, 116 Stat. 1912.)
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
2002--Subsec. (c). Pub. L. 107-273 substituted ``section 112(g)''
for ``section 112(f)''.
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.
