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1 Register determines that the objections to the designation of one or 2
more of the proposed individuals are well founded, the Register shall 3 request the American Arbitration Association or any similar successor 4 organization to propose the necessary number of substitute individuals. -5 Upon receiving such additional names the Register shall constitute 6 the panel. The Register shall designate one member of the panel as 7 Chairman. 8 (b) If any member of a panel becomes unable to perform his duties, 9 the Register, after consultation with the parties, may provide for the 10
selection of a successor in the manner prescribed in subsection (a). 11 8 804. Procedures of the Tribunal 12 (a) The Tribunal shall fix a time and place for its proceedings and 13 shall cause notice to be given to the parties. 14 (b) Any organization or person entitled to participate in the pro15
ceedings may appear directly or be represented by counsel. 16
(c) Except as otherwise provided by law, the Tribunal shall deter17 mine its own procedure. For the purpose of carrying out the provisions 18 of this chapter, the Tribunal may hold hearings, administer oaths, 19 and require, by subpoena or otherwise, the attendance and testimony 20 of witnesses and the production of documents. 21 (d) Every final decision of the Tribunal shall be in writing and 22 shall state the reasons therefor.
8 805. Compensation of members of the Tribunal; expenses of the 24
(a) In proceedings for the distribution of royalty fees, the compen26 sation of members of the Tribunal and other expenses of the Tribunal 27 shall be deducted prior to the distribution of the funds. 28 (b) In proceedings for the adjustment of royalty rates, there is 29 hereby authorized to be appropriated such sums as may be necessary. 30
(c) The Library of Congress is authorized to furnish facilities and 31 incidental service to the Tribunal. 32 (d) The Tribunal is authorized to procure temporary and inter33 mittent services to the same extent as is authorized by section 3109 of 34 titlo 5, United States Code. 35
8 806. Reports to the Congress 36
The Tribunal immediately upon making a final determination in 37
any proceeding for adjustment of a statutory royalty shall transmit 38
its decision, together with the reasons therefor, to the Secretary of the 39 Senate and the Clerk of the House of Representatives for reference 40 to the Judiciary Committees of the Senate and the House of 41 Representatives.
8 807. Effective date of royalty adjustment
(a) Prior to the expiration of the first period of ninety calendar days of continuous session of the Congress, following the transmittal of the report specified in section 806, either House of the Congress may adopt a resolution stating in substance that the House does not favor the recommended royalty adjustment, and such adjustment, therefore, shall not become effective. (b) For the purposes of subsection (a) of this section
(1) Continuity of session shall be considered as broken only by an adjournment of the Congress sine die, and
(2) In the computation of the ninety-day period there shall be excluded the days on which either House is not in session because
of an adjournment of more than three days to a day certain. (c) In the absence of the passage of such a resolution by either House during said ninety-day period, the final determination by the Tribunal of a petition for adjustment shall take effect on the first day following ninety calendar days after the expiration of the period specified by subsection (a).
(d) The Register of Copyrights shall give notice of such effective date by publication in the Federal Register not less than sixty days before said date. 8 808. Effective date of royalty distribution
A final determination of the Tribunal concerning the distribution of royalty fees deposited with the Register of Copyrights pursuant to sections 111, 114, and 116 shall become effective thirty days following such determination unless prior to that time an application has been filed pursuant to section 809 to vacate, modify or correct the determination, and notice of such application has been served upon the Register of Copyrights. The Register upon the expiration of thirty days shall distribute such royalty fees not subject to any application filed pursuant to section 809. 8 809. Judicial review
In any of the following cases the United States District Court for the District of Columbia may make an order vacating, modifying or correcting a final determination of the Tribunal concerning the distribution of royalty fees
(a) Where the determination was procured by corruption, fraud, or undue means.
(b) Where there was evident partiality or corruption in any member of the panel.
1 (c) Where any member of the panel was guilty of any misconduct 2 by which the rights of any party have been prejudiced. 3
TRANSITIONAL AND SUPPLEMENTARY PROVISIONS 4 Sec. 102. This title becomes effective on January 1, 1975, except as 5 otherwise provided by sections 111(c) and 304(b) of title 17 as 6 amended by this title. 7 Sec. 103. This title does not provide copyright protection for any 8 work that goes into the public domain before January 1, 1975. The 9 exclusive rights, as provided by section 106 of title 17 as amended 10 by this title, to reproduce a work in phonorecords and to distribute 11 phonorecords of the work, do not extend to any nondramatic musical 12 work copyrighted before July 1, 1909. 13 Sec. 104. All proclamations issued by the President under sections 14 1(e) or 9(b) of title 17 as it existed on December 31, 1974, or under 15 previous copyright statutes of the United States shall continue in 16 force until terminated, suspended, or revised by the President. 17 Sec. 105. (a)(1) Section 505 of title 44, United States Code, Sup18 plement IV, is amended to read as follows: 19 "g 505. Sale of duplicate plates 20 “The Public Printer shall sell, under regulations of the Joint Com21 mittee on Printing to persons who may apply, additional or duplicate 22 stereotype or electrotype plates from which a Government publication 23 is printed, at a price not to exceed the cost of composition, the metal, 24 and making to the Government, plus 10 per centum, and the full 25 amount of the price shall be paid when the order is filed.” 26 (2) The item relating to section 505 in the sectional analysis at the 27 beginning of chapter 5 of title 44, United States Code, is amended to 28 read as follows:
"505. Sale of duplicate plates." 29 (b) Section 2113 of title 44, United States Code, is amended to read 30 as follows: 31 "8 2113. Limitation on liability 32 “When letters and other intellectual productions (exclusive of 33 patented material, published works under copyright protection, and 34 unpublished works for which copyright registration has been made)
come into the custody or possession of the Administrator of General 36 Services, the United States or its agents are not liable for infringe37 ment of copyright or analogous rights arising out of use of the 38 materials for display, inspection, research, reproduction, or other 39 purposes."
1 (c) In section 1498(b) of title 28 of the United States Code, the 2 phrase "section 101(b) of title 17" is amended to read "section 504(c) 3 of title 17”. 4 (d) Section 543(a)(4) of the Internal Revenue Code of 1954, as 5 amended, is amended by striking out “(other than by reason of sec6 tion 2 or 6 thereof)”. 7 (e) Section 4152(a) of title 39 of the United States Code is 8 amended by striking out clause (5). 9 (f) In section 6 of the Standard Reference Data Act (section 10 290(e) of title 15 of the United States Code, Supplement IV), sub11 section (a) is amended to delete the reference to "section 8” and to 12 substitute therefor the phrase "section 105”. 13 Sec. 106. In any case where, before January 1, 1975, a person has 14 lawfully made parts of instruments serving to reproduce mechani15 cally a copyrighted work under the compulsory license provisions of 16 section 1(e) of title 17 as it existed on December 31, 1974, he may 17 continue to make and distribute such parts embodying the same me18 chanical reproduction without obtaining a new compulsory license 19 under the terms of section 115 of title 17 as amended by this title. 20 However, such parts made on or after January 1, 1975, constitute 21 phonorecords and are otherwise subject to the provisions of said 22 section 115. 23 Sec. 107. In the case of any work in which an ad interim copyright
is subsisting or is capable of being secured on December 31, 1974, 25 under section 22 of title 17 as it existed on that date, copyright pro26 tection is hereby extended to endure for the term or terms provided 27 by section 304 of title 17 as amended by this title. 28 Sec. 108. The notice provisions of sections 401 through 403 of title 29 17 as amended by this title apply to all copies or phonorecords publicly 30 distributed on or after January 1, 1975. However, in the case of a work 31 published before January 1, 1975, compliance with the notice provi32
sions of title 17 either as it existed on December 31, 1974, or as amended 33 by this title, is adequate with respect to copies publicly distributed
after December 31, 1974. 35 Sec. 109. The registration of claims to copyright for which the 36 required deposit, application, and fee were received in the Copyright 37 Office before January 1, 1975, and the recordation of assignments of 38 copyright or other instruments received in the Copyright Office before 39 January 1, 1975, shall be made in accordance with title 17 as it existed 40 on December 31, 1974.
1 Sec. 110. The demand and penalty provisions of section 14 of title 2 17 as it existed on December 31, 1974, apply to any work in which copy. 3 right has been secured by publication with notice of copyright on or 4 before that date, but any deposit and registration made after that date 5 in response to a demand under that section shall be made in accordance 6 with the provisions of title 17 as amended by this title. 7 SEC. 111. All causes of action that arose under title 17 before Jan. 8 uary 1, 1975, shall be governed by title 17 as it existed when the cause of 9 action arose. 10 Sec. 112. If any provision of title 17, as amended by this title, is 11 declared unconsititutional, the validity of the remainder of the title 12 is not affected. 13 TITLE II–NATIONAL COMMISSION ON NEW TECHNO14
LOGICAL USES OF COPYRIGHTED WORKS 15
ESTABLISHMENT AND PURPOSE OF COMMISSION 16 Sec. 201. (a) There is hereby created in the Library of Congress a 17 National Commission on New Technological Uses of Copyrighted 18 Works (hereafter called the Commission). 19 (b) The purpose of the Commission is to study and compile data on: 20
(1) the reproduction and use of copyrighted works of author21
(A) in conjunction with automatic systems capable of stor23
ing, processing, retrieving, and transferring information, and 24
(B) by various forms of machine reproduction, not includ25
ing reproduction by or at the request of instructors for use 26
in face-to-face teaching activities; and 27
(2) the creation of new works by the application or intervention 28 of such automatic systems or machine reproduction. 29 (c) The Commission shall make recommendations as to such 30 changes in copyright law or procedures that may be necessary to 31 assure for such purposes access to copyrighted works, and to provide 32 recognition of the rights of copyright owners. 33
MEMBERSHIP OF THE COMMISSION 34 Sec. 202. (a) The Commission shall be composed of thirteen voting 35 members, appointed as follows: 36
(1) Four members, to be appointed by the President, selected 37 from authors and other copyright owners; 38
(2) Four members, to be appointed by the President, selected 39 from users of copyright works; 40
(3) Four nongovernmental members to be appointed by the 41 President, selected from the public generally;