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The Tribunal feels that the subpoena power is necessary to our hearing procedures. It should probably be included between Section 804 and 805, 17 USC. Possible draft language appears below:
Subpoena Power of the Tribunal
For the purposes of any proceeding conducted pursuant
to Section 801 of this Act, the Tribunal shall have the
power to require by subpoena the production of all books,
papers, schedules of charges, contracts, agreements, and
documents relating to any matter under investigation.
Motions to limit or quash any subpoena shall be filed
with the Tribunal within ten (10) days after service
constitute trade secrets or privileged or confidential commercial or financial information.
The production of such documentary evidence may be
designated place of hearing.
In the case of disobedience
to a subpoena, the Tribunal, or any party to a proceeding
before the Tribunal, may invoke the aid of any court
of the United States in requiring the production of
- documents under the provisions of this section.
Any of the district courts of the United States within
the jurisdiction of which such inquiry is carried on
may, in case of contumacy or refusal to obey a subpoena
issued to any party to a proceeding before the Tribunal,
issue an order requiring such party to produce such
documents, and any failure to obey such order of the
court may be punished by such court as a contempt
The Chairman feels that the Licensing Division of the Copyright Office should be transferred to the Copyright Royalty Tribunal to facilitate the functioning of this office and minimize or eliminate questionable communications between the Copyright Office and the CRT. This is the opinion of the Chairman and does not reflect the views of the Tribunal. Commissioner Ray does not concur and will subsequently submit his comments on this issue. Possible draft language appears below.
Also note that changes in sections 111, 115, 116, 118 and 801 will be necessary to conform Title 17 to this amendment. See attached markup of relevant Title 17 provisions.
Licensing Division shall perform all the functions assigned to it
under Sections 111, 115, 116, and 118 including:
sonable operating costs pursuant to Sections 111 and 116, depositing the balance of the fees in an inter
est-bearing account with the Treasury of the United
States for later distribution to copyright owners by
recording the original notice of intention to obtain a
compulsory license for making and distributing phono-
85 - 6
The Tribunal shall have the authority to adopt such regula
tions as necessary to carry out the functions of the Licens
ing Division, including the imposition of reasonable surcharges or interest on those persons who fail to deposit timely, or accurately the royalty fees required by Sections
111 and 116.
Consultation between the CRT, and the Copyright Office,
shall be limited to that consultation which is authorized by statute. Minutes or other written record of such consulta
tion shall be readily available to the public and interested
parties during business hours.
PUBLIC LAW 94–553OCT. 19, 1976
90 STAT. 2553
(d) COMPULSORY LICENSE FOR SECONDARY TRANSM1661086 BY CABLE SYSTEM 6.
(1) For any secondary transmission to be subject to compul. Nouce. sory licensing under subsection (c), the cable system shall, at least one month before the data of the commencement of operations of the cable system or within one hundred and eighty days after the enactment of this Ach, whichever is later, and thereafter within thirty days after each occasion on which the owner: Licensing
of Copyright system changes, record in the Georghe one notice including Royalty a statement of the identity and address of the person who owns or operates the secondary transmission service or has power to exercise primary control over it together with the name and location of the primary transmitter or primary transmitters whose signals are regularly carried by the cable system, and thereafter, from time to time, such further information as the register of copyrights after consultation with the Copyright Royalty Tribunal fit and when the friturat has been constiind, shall prescribe by regulation to carry out the purpose of this clause.
(2) A cable system whose secondary transmissions have been subject to compulsory licensing under subsection (c) shall, on Licensing Divisom
a semiannual basis, deposit with the Register of Copyrights, ** in accordance with requiresnents that the Register skatt, after con
sultation with the Copyright Royalty Tribunal findes
(A). a statement of account, covering the six months next Sutement of
programming that was carried by the cable system in whole programming.
transmitter, under rules, regulations, or authorizations of
(B) except in the case of a cable system whose royalty is Toul royalty ree
(i) 0.675 of 1 per centum of such gross receipts for