[DOCID: f:publ303.109]

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       COPYRIGHT ROYALTY JUDGES PROGRAM TECHNICAL CORRECTIONS ACT

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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