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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.

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In further response to your joint letter with Congressman Moorhead 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. As always, it is a pleasure to deal with you and your very competent staff.

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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.

If there is

Thank you for your time and interest in the crt. anything more that you need, please call on us.

Sincerely,

Tere
Marianne Mele Hall
Chairman

MMH/cc

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. 101 (a)

The first sentence of section 882 (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

shall take effect on

but shall not affect the

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 802 (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

U.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.

(d)

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 802(e) (f) and (g) shall be ad

ded:

(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 ap

pointed and supervised by the Chairman and among administrative

units of the Tribunal, and (c) the use and expenditure of

funds.

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