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1 tion of the Secretary of the Treasury that the importer had no reason2 able grounds for believing that his acts constituted a violation of law. 3

Chapter 7.–COPYRIGHT OFFICE
Sec.
701. The Copyright Office: General responsibilities and organization.
702. Copyright Office regulations.
703. Effective date of actions in Copyright Office.
704. Retention and disposition of articles deposited in Copyright Office.
705. Copyright Office records : Preparation, maintenance, public inspection, and

searching.
706. Copies of Copyright Office records.
707. Copyright Office forms and publications.

708. Copyright Office fees. 4 8 701. The Copyright Office: General responsibilities and orga5

nization 6 (a) All administrative functions and duties under this title, ex7 cept as otherwise specified, are the responsibility of the Register of 8 Copyrights as director of the Copyright Office in the Library of 9 Congress. The Register of Copyrights, together with the subordi10 nate officers and employees of the Copyright Office, shall be appointed 11 by the Librarian of Congress, and shall act under his general di12 rection and supervision. 13 (b) The Register of Copyrights shall adopt a seal to be used on 14 and after January 1, 1975, to authenticate all certified documents 15 issued by the Copyright Office.

(c) The Register of Copyrights shall make an annual report to 17 the Librarian of Congress of the work and accomplishments of the 18 Copyright Office during the previous fiscal year. The annual report 19 of the Register of Copyrights shall be published separately and as 20 a part of the annual report of the Librarian of Congress. 21 8 702. Copyright Office regulations 22 The Register of Copyrights is authorized to establish regulations 23 not inconsistent with law for the administration of the functions and 24 duties made his responsibility under this title. All regulations estab25 lished by the Register under this title are subject to the approval of 26 the Librarian of Congress. 27 8 703. Effective date of actions in Copyright Office 28 In any case in which time limits are prescribed under this title 29 for the performance of an action in the Copyright Office, and in 30 which the last day of the prescribed period falls on a Saturday, Sun31 day, holiday or other non-business day within the District of Co32 lumbia or the Federal Government, the action may be taken on the 33 next succeeding business day, and is effective as of the date when the 34 period expired.

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62 1 8704. Retention and disposition of articles deposited in Copyright 2

Office 3 (a) Upon their deposit in the Copyright Office under sections 407 4 und 408, all copies, phonorecords, and identifying material, including 5 those deposited in connection with claims that have been refused 6 registration, are the property of the United States Government. 7 (b) In the case of published works, all copies, phonorecords, and 8 identifying material deposited are available to the Library of Con9 gress for its collections, or for exchange or transfer to any other 10 library. In the case of unpublished works, the Library is entitled to 11 select any deposits for its collections.

(c) Deposits not selected by the Library under subsection (b), or 13 identifying portions or reproductions of them, shall be retained under 14 the control of the Copyright Office, including retention in Govern15 ment storage facilities, for the longest period considered practicable 16 and desirable by the Register of Copyrights and the Librarian of 17 Congress. After that period it is within the joint discretion of the 18 Register and the Librarian to order their destruction or other disposi19 tion; but, in the case of unpublished works, no deposit shall be de20 stroyed or otherwise disposed of during its term of copyright. 21 (d) The depositor of copies, phonorecords, or identifying material 22 under section 408, or the copyright owner of record, may request 23 retention, under the control of the Copyright Office, of one or more 24 of such articles for the full term of copyright in the work. The Register 25 of Copyrights shall prescribe, by regulation, the conditions under 26 which such requests are to be made and granted, and shall fix the 27 fee to be charged under section 708(12) if the request is granted. 28 8 705. Copyright Office records: Preparation, maintenance, public 29

inspection, and searching 30 (a) The Register of Copyrights shall provide and keep in the Copy31 right Office records of all deposits, registrations, recordations, and 32 other actions taken under this title, and shall prepare indexes of all 33 such records. 34 (b) Such records and indexes, as well as the articles deposited in 35 connection with completed copyright registrations and retained under 36 the control of the Copyright Office, shall be open to public inspection. 37 (c) Upon request and payment of the fee specified by section 708, 38 the Copyright Office shall make a search of its public records, indexes, 39 and deposits, and shall furnish a report of the information they dis40 close with respect to any particular deposits, registrations, or recorded 41 documents.

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1 8 706. Copies of Copyright Office records 2 (a) Copies may be made of any public records or indexes of the 8 Copyright Office; additional certificates of copyright registration and 4 copies of any public records or indexes may be furnished upon request 5 and payment of the fees specified by section 708. 6 (b) Copies or reproductions of deposited articles retained under 7 the control of the Copyright Office shall be authorized or furnished 8 only under the conditions specified by the Copyright Office regulations 9 8707. Copyright Office forms and publications 10 (a) CATALOG OF COPYRIGHT ENTRIES.— The Register of Copyrights 11 shall compile and publish at periodic intervals catalogs of all copy12 right registrations. These catalogs shall be divided into parts in 18 accordance with the various classes of works, and the Register has 14 discretion to determine on the basis of practicability and usefulness, 15 the form and frequency of publication of each particular part. 16 (b) OTHER PUBLICATIONS.—The Register shall furnish, free of 17 charge upon request, application forms for copyright registration and 18 general informational material in connection with the functions of the 19 Copyright Office. He also has authority to publish compilations of 20 information, bibliographies, and other material he considers to be 21 of value to the public. 22 (c) DISTRIBUTION OF PUBLICATIONS.—All publications of the Copy23 right Office shall be furnished to depository libraries as specified under 24 section 1905 of title 44, United States Code, and, aside from those fur25 nished free of charge, shall be offered for sale to the public at prices 26 based on the cost of reproduction and distribution. 27 8708. Copyright Office fees 28 (a) The following fees shall be paid to the Register of Copyrights: 29

(1) for the registration of a copyright claim or a supplementary 30 registration under section 408, including the issuance of a certifi31 cate of registration, $6; 32 (2) for the registration of a claim to renewal of a subsisting 33 copyright in its first term under section 304(a), including the 34 issuance of a certificate of registration, $4; 35

(3) for the issuance of a receipt for a deposit under section 36 407, $2;

(4) for the recordation, as provided by section 205, of a transfer 38 of copyright ownership or other document of six pages or less, 39 covering no more than one title, $5; for each page over six and 40 for each title over one, 50 cents additional;

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(5) for the filing, under section 115(b), of a notice of intention 2 to make phonorecords, $3; 3

(6) for the recordation, under section 302(c), of a statement 4 revealing the identity of an author of an anonymous or pseu 5 donymous work, or for the recordation, under section 302 (d), of a 6 statement relating to the death of an author, $5 for a document of 7 six pages or less, covering no more than one title; for each page 8 over six and for each title over one, 50 cents additional; 9

(7) for the issuance, under section 601, of an import state10 ment, $3; 11

(8) for the issuance, under section 706, of an additional certifi12 cate of registration, $2; 13 (9) for the issuance, under section 116, of a certificate for the 14 recordation of a phonorecord player, 50 cents; 15

(10) for the issuance of any other certification, $3; the Register 16 of Copyrights has discretion, on the basis of their cost, to fix the 17 fees for preparing copies of Copyright Office records, whether 18 they are to be certified or not; 19 (11) for the making and reporting of a search as provided by 20 section 705, and for any related services, $5 for each hour or frac21 tion of an hour consumed; 22

(12) for any other special services requiring a substantial 23 amount of time or expense, such fees as the Register of Copyrights 24 may fix on the basis of the cost of providing the service. 25 (b) The fees prescribed by or under this section are applicable to 26 the United States Government and any of its agencies, employees, or 27 officers, but the Register of Copyrights has discretion to waive the 28 requirement of this subsection in occasional or isolated cases involving 29 relatively small amounts.

Chapter 8.—COPYRIGHT ROYALTY TRIBUNAL
Sec.
801. Copyright Royalty Tribunal; Establishment and purpose.
802. Petitions for the adjustment of royalty rates.
803. Membership of the Tribunal.
804. Procedures of the Tribunal.
805. Compensation of members of the Tribunal; expenses of the Tribunal.
806. Reports to the Congress.
807. Effective date of royalty adjustment.
808. Effective date of royalty distribution.

809. Judicial review. 31 8 801. Copyright Royalty Tribunal: Establishment and purpose 32 (a) There is hereby created in the Library of Congress a Copyright 33 Royalty Tribunal. 34 (b) Subject to the provisions of this chapter, the purposes of the

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Tribunal shall be: (1) to make determinations concerning the adjust-
ment of the copyright royalty rates specified by sections 111, 114, 115,
and 116 so as to assure that such rates continue to be reasonable; and
(2) to determine in certain circumstances the distribution of the roy-
alty fees deposited with the Register of Copyrights under sections 111,
114, and 116.
8 802. Petitions for the adjustment of royalty rates

During calendar year 1978, and in each subsequent fifth calendar
year, any owner or user of a copyrighted work whose royalty rates
are initially specified by sections 111 and 114, or the duly authorized
agent of such owner or user, may file a petition with the Register of
Copyrights declaring that the petitioner requests an adjustment of
the statutory royalty rate, or a rate previously established by the Tri-
bunal. During calendar year 1980, and in each subsequent fifth calen-
dar year, any owner or user of a copyrighted work whose royalty rates
are initially specified by sections 115 and 116, or the duly authorized
agent of such owner or user, may file a petition with the Register of
Copyrights declaring that the petitioner requests an adjustment of
the statutory royalty rate, or a rate previously established by the Tri-
bunal. The Register shall make a determination as to whether the ap-
plicant has a significant interest in the royalty rate in which an ad-
justment is requested. If the Register determines that the petitioner has
a significant interest, he shall cause notice of his decision to be pub-
lished in the Federal Register.
8 803. Membership of the Tribunal

(a) Upon determining that a petitioner for adjustment of a royalty rate has a significant interest, or upon certifying the existence of a controversy concerning the distribution of royalty fees deposited pursuant to sections 111, 114 and 116, the Register shall request the American Arbitration Association or any similar successor organization to furnish a list of three members of said Association. The Register shall communicate the names together with such information as may be appropriate to all parties of interest. Any such party within twenty days from the date said communication is sent may submit to the Register written objections to any or all of the proposed names. If no such objections are received, or if the Register determines that said objections are not well founded, he shall certify the appointment of the three designated individuals to constitute a panel of the Tribunal for the consideration of the specified rate or royalty distribution. Such panel shall function as the Tribunal established in section 801. If the

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