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4). I am awaiting return calls from several Senators who oversee our Tribunal, 5) Chairman, FCC, 6) OTA Project Director of Intellectual Property Rights study ($620,000 study commissioned by Congress), 7) Gilbert Gude, Director of Congressional Research Service, 8) General Counsel, Copyright office and other Copyright office Counsel, 9) Library of Congress, administrative officers (who handle our administrative functions), 10) Counsel, Justice Department (who represent us), 11) Many distinguished copyright and Communications Counsel, (when not involved in hearings).
I am overwhelmed by the positive and supportive responses I have received from all whom I have visited. This encourages me to believe we can make the changes that are necessary to make this Tribunal more effective and successful.
December 31, 1984
In further response to your joint letter with Congressman
Transne ruce Call
con Marianne Mele Hall. Chairman
In further response to your joint letter with Congressman Kastenmeier of December 28, 1984, enclosed find draft language for Title I of H.R. 6164. Some of the language reflects the consensus of the Tribunal. Other examples are the individual views of the Chairman. Further individual views may be forthcoming from the other Commissioners. We hope this documentation will serve as guidance for future legislative proposals regarding the Copyright Royalty Tribunal. Thank you for your time and interest in the CRT. If there is anything more that you need, please call on us.
This possible draft legislation reflects the opinion of the Chairman only. Commissioner Ray does not concur and will subsequently submit his comments on these issues. Membership of the Tribunal
Sec. løl (a) The first sentence of section 802(a) of Title 17, United States Code, is amended to read as follows: "The Tribunal shall be composed of three Commissioners appointed by
the President, by and with the advice and consent of the Senate, for a term of seven years each; each Commissioner shall be either a member of the bar of any of the fifty states, the District of Columbia, u.s. territory, or the Commonwealth of Puerto Rico,
or a person considered by the President and Senate to be an
expert on copyright and/or communications law.
(b) The amendment made by subsection (a) of this section
terms of office of the Commissioners of the Copyright Royalty
Tribunal remaining on such effective date. At that time the Tribunal should be composed of five Commissioners. Three of the
terms shall expire in 1991 and two in 1989. Section 892 (b) shall be deleted and replaced with the following 802(b), "of the five Commissioner positions, one 1989 position shall be perpetuated with a five year extension to 1994. Two of the 1991 positions shall be perpetuated, one to 1996 and one to 1998. One 1989 position and one 1991 position shall be eliminated. Subsequent
terms shall be seven years each.".
(c) Section 802(c) of title 17, United States Code, is deleted and replaced with the following section 802 (c). "The Chairman shall be appointed by the President, from among the members of the Tribunal. The Chairman shall be a member of the
bar of any of the fifty states, the District of Columbia, any 0.s. territory or the Commonwealth of Puerto Rico. An individual may be appointed as a member of the Tribunal and as Chairman at
the same time.
Section 802 (a) of title 17, United States Code, shall
be added to state "No vacancy in the Tribunal shall impair the
right of the remaining Commissioners to exercise all the powers of the Tribunal but two. members of the Tribunal shall
constitute a quorum for the transaction of business. (e)
The following Sections 892(e) (f) and (g) shall be added:
(e) The Chairman of the Tribunal shall be the principal executive officer of the Tribunal, and he shall exercise all of the executive and administrative functions of the Tribunal, including functions of the Tribunal with respect to (A) the appointment and supervision of personnel employed under the Tribunal (B) the distribution of business among personnel appointed and supervised by the Chairman and among administrative units of the Tribunal, and (c) the use and expenditure of