§ 803. — Institution and conclusion of proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC803]
TITLE 17--COPYRIGHTS
CHAPTER 8--COPYRIGHT ARBITRATION ROYALTY PANELS
Sec. 803. Institution and conclusion of proceedings
(a)(1) With respect to proceedings under section 801(b)(1)
concerning the adjustment of royalty rates as provided in sections 112,
114, 115 and 116, and with respect to proceedings under subparagraphs
(A) and (D) of section 801(b)(2), during the calendar years specified in
the schedule set forth in paragraphs (2), (3), (4) and (5), any owner or
user of a copyrighted work whose royalty rates are specified by this
title, established by the Copyright Royalty Tribunal before the date of
the enactment of the Copyright Royalty Tribunal Reform Act of 1993, or
established by a copyright arbitration royalty panel after such date of
enactment, may file a petition with the Librarian of Congress declaring
that the petitioner requests an adjustment of the rate. The Librarian of
Congress shall, upon the recommendation of the Register of Copyrights,
make a determination as to whether the petitioner has such a significant
interest in the royalty rate in which an adjustment is requested. If the
Librarian determines that the petitioner has such a significant
interest, the Librarian shall cause notice of this determination, with
the reasons therefor, to be published in the Federal Register, together
with the notice of commencement of proceedings under this chapter.
(2) In proceedings under section 801(b)(2)(A) and (D), a petition
described in paragraph (1) may be filed during 1995 and in each
subsequent fifth calendar year.
(3) In proceedings under section 801(b)(1) concerning the adjustment
of royalty rates as provided in section 115, a petition described in
paragraph (1) may be filed in 1997 and in each subsequent tenth calendar
year or as prescribed in section 115(c)(3)(D).
(4)(A) In proceedings under section 801(b)(1) concerning the
adjustment of royalty rates as provided in section 116, a petition
described in paragraph (1) may be filed at any time within 1 year after
negotiated licenses authorized by section 116 are terminated or expire
and are not replaced by subsequent agreements.
(B) If a negotiated license authorized by section 116 is terminated
or expires and is not replaced by another such license agreement which
provides permission to use a quantity of musical works not substantially
smaller than the quantity of such works performed on coin-operated
phonorecord players during the 1-year period ending March 1, 1989, the
Librarian of Congress shall, upon petition filed under paragraph (1)
within 1 year after such termination or expiration, convene a copyright
arbitration royalty panel. The arbitration panel shall promptly
establish an interim royalty rate or rates for the public performance by
means of a coin-operated phonorecord player of non-dramatic musical
works embodied in phonorecords which had been subject to the terminated
or expired negotiated license agreement. Such rate or rates shall be the
same as the last such rate or rates and shall remain in force until the
conclusion of proceedings by the arbitration panel, in accordance with
section 802, to adjust the royalty rates applicable to such works, or
until superseded by a new negotiated license agreement, as provided in
section 116(b).
(5) With respect to proceedings under section 801(b)(1) concerning
the determination of reasonable terms and rates of royalty payments as
provided in section 112 or 114, the Librarian of Congress shall proceed
when and as provided by those sections.
(b) With respect to proceedings under subparagraph (B) or (C) of
section 801(b)(2), following an event described in either of those
subsections, any owner or user of a copyrighted work whose royalty rates
are specified by section 111, or by a rate established by the Copyright
Royalty Tribunal or the Librarian of Congress, may, within twelve
months, file a petition with the Librarian declaring that the petitioner
requests an adjustment of the rate. In this event the Librarian shall
proceed as in subsection (a) of this section. Any change in royalty
rates made by the Copyright Royalty Tribunal or the Librarian of
Congress pursuant to this subsection may be reconsidered in 1980, 1985,
and each fifth calendar year thereafter, in accordance with the
provisions in section 801(b)(2)(B) or (C), as the case may be.
(c) With respect to proceedings under section 801(b)(1), concerning
the determination of reasonable terms and rates of royalty payments as
provided in section 118, the Librarian of Congress shall proceed when
and as provided by that section.
(d) With respect to proceedings under section 801(b)(3) or (4),
concerning the distribution of royalty fees in certain circumstances
under section 111, 116, 119, or 1007, the Librarian of Congress shall,
upon a determination that a controversy exists concerning such
distribution, cause to be published in the Federal Register notice of
commencement of proceedings under this chapter.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2597,
Sec. 804; Pub. L. 100-568, Sec. 11(2), Oct. 31, 1988, 102 Stat. 2860;
Pub. L. 100-667, title II, Sec. 202(5), Nov. 16, 1988, 102 Stat. 3958;
Pub. L. 101-318, Sec. 3(c), July 3, 1990, 104 Stat. 288; Pub. L. 102-
563, Sec. 3(a)(2), Oct. 28, 1992, 106 Stat. 4248; renumbered Sec. 803
and amended Pub. L. 103-198, Sec. 2(d), Dec. 17, 1993, 107 Stat. 2307;
Pub. L. 104-39, Sec. 5(d)(5)-(7), Nov. 1, 1995, 109 Stat. 349; Pub. L.
105-80, Sec. 12(a)(20), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 105-304,
title IV, Sec. 405(e)(5), (6), Oct. 28, 1998, 112 Stat. 2902.)
References in Text
The date of the enactment of the Copyright Royalty Tribunal Reform
Act of 1993, referred to in subsec. (a)(1), is the date of enactment of
Pub. L. 103-198, which was approved Dec. 17, 1993.
Prior Provisions
A prior section 803, Pub. L. 94-553, title I, Sec. 101, Oct. 19,
1976, 90 Stat. 2596, related to procedures of the Copyright Royalty
Tribunal, prior to repeal by Pub. L. 103-198, Sec. 2(c), Dec. 17, 1993,
107 Stat. 2307.
Amendments
1998--Subsec. (a)(1). Pub. L. 105-304, Sec. 405(e)(5), substituted
``sections 112, 114, 115'' for ``sections 114, 115''.
Subsec. (a)(5). Pub. L. 105-304, Sec. 405(e)(6), substituted
``section 112 or 114'' for ``section 114'' and ``those sections'' for
``that section''.
1997--Subsec. (b). Pub. L. 105-80 substituted ``subsection (a)'' for
``subsection subsection (a)''.
1995--Subsec. (a)(1). Pub. L. 104-39, Sec. 5(d)(5), in first
sentence substituted ``sections 114, 115 and 116'' for ``sections 115
and 116'' and ``paragraphs (2), (3), (4) and (5)'' for ``paragraphs (2),
(3), and (4)''.
Subsec. (a)(3). Pub. L. 104-39, Sec. 5(d)(6), inserted before period
at end ``or as prescribed in section 115(c)(3)(D)''.
Subsec. (a)(5). Pub. L. 104-39, Sec. 5(d)(7), added par. (5).
1993--Pub. L. 103-198, Sec. 2(d)(1), renumbered section 804 of this
title as this section.
Subsec. (a). Pub. L. 103-198, Sec. 2(d)(2), amended subsec. (a)
generally, substituting present provisions for provisions relating to
commencement of proceedings concerning the adjustment of rates
established by the Copyright Royalty Tribunal, filing of petitions by
interested persons seeking adjustments of rates, and publication of
notice of such proceedings in the Federal Register.
Subsec. (b). Pub. L. 103-198, Sec. 2(d)(3), substituted
``subparagraph (B)'' for ``subclause (B)'', ``established by the
Copyright Royalty Tribunal or the Librarian of Congress'' for
``established by the Tribunal'', ``petition with the Librarian'' for
``petition with the Tribunal'', ``Librarian shall proceed'' for
``Tribunal shall proceed'', ``subsection (a) of this section'' for
``(a)(2), above'', and ``rates made by the Copyright Royalty Tribunal or
the Librarian of Congress'' for ``rates made by the Tribunal''.
Subsec. (c). Pub. L. 103-198, Sec. 2(d)(4), substituted ``Librarian
of Congress'' for ``Tribunal''.
Subsec. (d). Pub. L. 103-198, Sec. 2(d)(5), substituted ``Librarian
of Congress'' for ``Chairman of the Tribunal'' and ``a determination''
for ``determination by the Tribunal''.
Subsec. (e). Pub. L. 103-198, Sec. 2(d)(6), struck out subsec. (e)
which read as follows: ``All proceedings under this chapter shall be
initiated without delay following publication of the notice specified in
this section, and the Tribunal shall render its final decision in any
such proceeding within one year from the date of such publication.''
1992--Subsec. (d). Pub. L. 102-563 inserted ``or (4)'' after
``803(b)(3)'' and substituted ``119, or 1007'' for ``or 119''.
1990--Subsec. (a)(2)(C)(i). Pub. L. 101-318 substituted ``section
116'' for ``section 115''.
1988--Subsec. (a)(2)(C). Pub. L. 100-568 amended subpar. (C)
generally. Prior to amendment, subpar. (C) read as follows: ``In
proceedings under section 801(b)(1) concerning the adjustment of royalty
rates under section 116, such petition may be filed in 1990 and in each
subsequent tenth calendar year.''
Subsec. (d). Pub. L. 100-667 substituted ``section 111, 116, or
119'' for ``sections 111 or 116''.
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.
Effective Date of 1990 Amendment
Section 3(e)(2) of Pub. L. 101-318 provided that: ``The amendment
made by subsection (c) [amending this section] shall be effective as of
October 31, 1988.''
Effective Date of 1988 Amendments
Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section 206
of Pub. L. 100-667, set out as an Effective Date note under section 119
of this title.
Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause
of action arising under this title before such date being governed by
provisions in effect when cause of action arose, see section 13 of Pub.
L. 100-568, 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, 115, 802 of this
title.
