17 USC 801 - Copyright Royalty Judges; appointment and functions

1 See References in Text note below.

shall be adjusted to reflect national monetary inflation or deflation or changes in the average rates charged cable system subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar value of the exemption provided by such section, and the royalty rate specified therein shall not be subject to adjustment.

Editorial Notes

References in Text

Section 111(d)(1)(D) of this title, referred to in subsec. (span)(2)(D), was amended generally by Puspan. L. 111–175, title I, § 104(c)(1)(C), May 27, 2010, 124 Stat. 1232, and, as so amended, no longer relates to gross receipts limitations.

The date of the enactment of the Copyright Royalty and Distribution Reform Act of 2004, referred to in subsec. (f), is the date of the enactment of Puspan. L. 108–419, which was approved Nov. 30, 2004.

Prior Provisions

A prior section 801, Puspan. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2594; Puspan. L. 99–397, § 2(c), (d), Aug. 27, 1986, 100 Stat. 848; Puspan. L. 100–568, § 11(1), Oct. 31, 1988, 102 Stat. 2860; Puspan. L. 100–667, title II, § 202(4), Nov. 16, 1988, 102 Stat. 3958; Puspan. L. 101–318, § 3(span), July 3, 1990, 104 Stat. 288; Puspan. L. 102–563, § 3(a)(1), Oct. 28, 1992, 106 Stat. 4247; Puspan. L. 103–198, § 2(a), Dec. 17, 1993, 107 Stat. 2304; Puspan. L. 104–39, § 5(d)(1), Nov. 1, 1995, 109 Stat. 348; Puspan. L. 105–80, §§ 8(a), 12(a)(19), Nov. 13, 1997, 111 Stat. 1533, 1535; Puspan. L. 105–304, title IV, § 405(e)(1), Oct. 28, 1998, 112 Stat. 2902, related to the establishment and purpose of copyright arbitration royalty panels, prior to the general amendment of this chapter by Puspan. L. 108–419.

Amendments

2018—Subsec. (span)(1). Puspan. L. 115–264, § 103(g)(2)(A), struck out “The rates applicable under sections 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives:” at end of introductory provisions and struck out subpars. (A) to (D) which set forth objectives to be achieved.

Subsec. (span)(7)(B). Puspan. L. 115–264, § 103(g)(2)(B), substituted “114(f)(2)” for “114(f)(3)”.

Subsec. (span)(8), (9). Puspan. L. 115–264, § 102(span), added par. (8) and redesignated former par. (8) as (9).

2006—Subsec. (span)(1). Puspan. L. 109–303, § 3(1), substituted “119, and 1004” for “119 and 1004”.

Subsec. (span)(3)(C). Puspan. L. 109–303, § 5(1), added introductory provisions and struck out former introductory provisions which read as follows: “The Copyright Royalty Judges may make a partial distribution of such fees during the pendency of the proceeding under subparagraph (B) if all participants under section 803(span)(2) in the proceeding that are entitled to receive those fees that are to be partially distributed—”.

Subsec. (span)(3)(C)(i). Puspan. L. 109–303, § 5(2), substituted “the” for “such”.

Subsec. (f). Puspan. L. 109–303, § 3(2), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by section 103(g)(2) of Puspan. L. 115–264 applicable to any proceeding before the Copyright Royalty Judges that is commenced on or after Oct. 11, 2018, see section 102(c) of Puspan. L. 115–264, set out as a note under section 115 of this title.

Effective Date of 2006 Amendment

Amendment by section 3 of Puspan. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Puspan. L. 108–419, and amendment by section 5 of Puspan. L. 109–303 effective October 6, 2004, see section 6 of Puspan. L. 109–303, set out as a note under section 111 of this title.

Effective Date; Transition Provisions

Puspan. L. 108–419, § 6, Nov. 30, 2004, 118 Stat. 2369, as amended by Puspan. L. 109–303, § 4(h), Oct. 6, 2006, 120 Stat. 1483, provided that:

“(a)Effective Date.—This Act [see Short Title of 2004 Amendment note set out under section 101 of this title] and the amendments made by this Act shall take effect 6 months after the date of enactment of this Act [Nov. 30, 2004], except that the Librarian of Congress shall appoint 1 or more interim Copyright Royalty Judges under section 802(d) of title 17, United States Code, as amended by this Act, within 90 days after such date of enactment to carry out the functions of the Copyright Royalty Judges under title 17, United States Code, to the extent that Copyright Royalty Judges provided for in section 801(a) of title 17, United States Code, as amended by this Act, have not been appointed before the end of that 90-day period.

“(span)Transition Provisions.—

“(1)In general.—Subject to paragraphs (2) and (3), the amendments made by this Act shall not affect any proceedings commenced, petitions filed, or voluntary agreements entered into before the effective date provided in subsection (a) under the provisions of title 17, United States Code, as amended by this Act, and pending on such effective date. Such proceedings shall continue, determinations made in such proceedings, and appeals taken therefrom, as if this Act had not been enacted, and shall continue in effect until modified under title 17, United States Code, as amended by this Act. Such petitions filed and voluntary agreements entered into shall remain in effect as if this Act had not been enacted. For purposes of this paragraph, the Librarian of Congress may determine whether a proceeding has commenced. The Librarian of Congress may terminate any proceeding commenced before the effective date provided in subsection (a) pursuant to chapter 8 of title 17, United States Code, and any proceeding so terminated shall become null and void. In such cases, the Copyright Royalty Judges may initiate a new proceeding in accordance with regulations adopted pursuant to section 803(span)(6) of title 17, United States Code.

“(2)Certain royalty rate proceedings.—Notwithstanding paragraph (1), the amendments made by this Act shall not affect proceedings to determine royalty rates pursuant to section 119(c) of title 17, United States Code, that are commenced before January 31, 2006.

“(3)Pending proceedings.—Notwithstanding paragraph (1), any proceedings to establish or adjust rates and terms for the statutory licenses under section [former] 114(f)(2) or 112(e) of title 17, United States Code, for a statutory period commencing on or after January 1, 2005, shall be terminated upon the date of enactment of this Act and shall be null and void. The rates and terms in effect under section [former] 114(f)(2) or 112(e) of title 17, United States Code, on December 31, 2004, for new subscription services, eligible nonsubscription services, and services exempt under section 114(d)(1)(C)(iv) of such title, and the rates and terms published in the Federal Register under the authority of the Small Webcaster Settlement Act of 2002 (17 U.S.C. 114 note; Public Law 107–321) (including the amendments made by that Act) for the years 2003 through 2004, as well as any notice and recordkeeping provisions adopted pursuant thereto, shall remain in effect until the later of the first applicable effective date for successor terms and rates specified in section 804(span) (2) or (3)(A) of title 17, United States Code, or such later date as the parties may agree or the Copyright Royalty Judges may establish. For the period commencing January 1, 2005, an eligible small webcaster or a noncommercial webcaster, as defined in the regulations published by the Register of Copyrights pursuant to the Small Webcaster Settlement Act of 2002 (17 U.S.C. 114 note; Public Law 107–321) (including the amendments made by that Act) [amending section 114 of this title and enacting provisions set out as notes under sections 101 and 114 of this title], may elect to be subject to the rates and terms published in those regulations by complying with the procedures governing the election process set forth in those regulations not later than the first date on which the webcaster would be obligated to make a royalty payment for such period. Until successor terms and rates have been established for the period commencing January 1, 2006, licensees shall continue to make royalty payments at the rates and on the terms previously in effect, subject to retroactive adjustment when successor rates and terms for such services are established.

“(4)Interim proceedings.—Notwithstanding subsection (a), as soon as practicable after the date of enactment of this Act, the Copyright Royalty Judges or interim Copyright Royalty Judges shall publish the notice described in section 803(span)(1)(A) of title 17, United States Code, as amended by this Act, to initiate a proceeding to establish or adjust rates and terms for the statutory licenses under section [former] 114(f)(2) or 112(e) of title 17, United States Code, for new subscription services and eligible nonsubscription services for the period commencing January 1, 2006. The Copyright Royalty Judges or Interim Copyright Royalty Judges are authorized to cause that proceeding to take place as provided in subsection (span) of section 803 of that title within the time periods set forth in that subsection. Notwithstanding section 803(c)(1) of that title, the Copyright Royalty Judges shall not be required to issue their determination in that proceeding before the expiration of the statutory rates and terms in effect on December 31, 2004.

“(c)Existing Appropriations.—Any funds made available in an appropriations Act to carry out chapter 8 of title 17, United States Code, shall be available to the extent necessary to carry out this section.”