[DOCID: f:publ303.109] [[Page 1477]] COPYRIGHT ROYALTY JUDGES PROGRAM TECHNICAL CORRECTIONS ACT [[Page 120 STAT. 1478]] Public Law 109-303 109th Congress An Act . To amend title 17, United States Code, to make technical corrections relating to Copyright Royalty Judges, and for other purposes. <<NOTE: Oct. 6, 2006 - [H.R. 1036]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Copyright Royalty Judges Program Technical Corrections Act.>> SECTION 1. <<NOTE: 17 USC 101 note.>> 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. [[Page 120 STAT. 1479]] 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. <<NOTE: Deadline.>> 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 [[Page 120 STAT. 1480]] ``(II) a statement that the petitioner (individually or as a group) will not seek a distribution of more than $1000, i