[DOCID: f:publ303.109]
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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.
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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
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``(II) a statement that the
petitioner (individually or as a group)
will not seek a distribution of more
than $1000, i