(2) The acceptability of a mask work notice under these regulations shall depend upon its being legible under normal conditions of use, and affixed in such manner and position that, when affixed, it may be viewed upon reasonable examination.

(b) Elements of mask work notice. The elements of a mask work notice shall consist of:

(1) The words mask work, the symbol "*M*", or the symbol "\" (the letter M in a circle); and

(2) The name of the owner or owners of the mask work or an abbreviation

by which the name is recognized or is generally known.

(c) Methods of affixation and placement of the notice. In the case of a mask work fixed in a semiconductor chip product, the following locations are acceptable:

(1) A gummed or other label securely affixed or imprinted upon the package or other container used as a permanent receptacle for the product; or

(2) A notice imprinted or otherwise affixed in or on the top or other visible layer of the product.

301.83 Filing of proceeding records.

AUTHORITY: 17 U.S.C. 803(a).

SOURCE: 43 FR 53719, Nov. 17, 1978, unless otherwise noted.

Subpart A-Organization

§ 301.1 Purpose.

The Copyright Royalty Tribunal (Tribunal) is an independent agency in the Legislative Branch, created by Public Law 94-553 of October 19, 1976. The Tribunal's statutory responsibilities are:

(a) To make determinations concerning copyright royalty rates in the areas of cable television covered by 17 U.S.C. 111.

(b) To make determinations concerning copyright royalty rates for the making and distributing of phonorecords (17 U.S.C. 115).

(c) To make determinations concerning copyright royalty rates for coin-operated phonorecord players (juke

boxes) whenever a sufficient number of voluntary license agreements between jukebox operators and the copyright owners of musical works played on jukeboxes are not in effect (17 U.S.C. 116, 116A).

(d) To establish and later make determinations concerning royalty rates and terms for the use by noncommercial educational broadcast stations of certain copyrighted works (17 U.S.C. 118).

(e) To distribute cable television, jukebox, and satellite carrier royalties under 17 U.S.C. 111, 116, and 119, respectively, deposited with the Register of Copyrights.

(f) To monitor and assist the negotiation of an adjustment to the satellite carrier royalty rates, and/or to assist and review the arbitration of an adjustment to the satellite carrier royalty rates (17 U.S.C. 119).

(g) To distribute digital audio recording devices and media royalty payments under 17 U.S.C. chapter 10 deposited with the Register of Copyrights.

(h) To consider petitions to adjust the royalty maximum for digital audio pursuant to 17 recording devices

U.S.C. 1004(a)(3).

[55 FR 28196, July 10, 1990, as amended at 58 FR 6445, Jan. 29, 1993]

§ 301.2 Address for information.

The official address of the Copyright Royalty Tribunal is 1825 Connecticut Avenue NW., suite 918, Washington, DC 20009. Office hours are Monday through Friday, 9 a.m. to 5 p.m., excluding legal holidays.

[56 FR 2438, Jan. 23, 1991]

§ 301.3 Composition of the Tribunal.

The Tribunal is composed of three Commissioners appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as a Commissioner shall be seven years, except that a Commissioner may serve after the expiration of his or her term until a successor has taken office. Each Commissioner shall be compensated at the rate of pay in effect for Level V of the Executive Schedule under section 5316 of title 5.

[58 FR 5616, Jan. 22, 1993]

§ 301.4 The Chairman.

(a) On December 1st of each year, the Chairman will be designated for a term of 1 year from the most senior Commissioner who has not yet previously served as Chairman, or, if all the Commissioners have served, the most senior Commissioner who has served the least number of terms will be designated Chairman, provided, that unless he is the most senior of all sitting Commissioners, no Commissioner may serve as Chairman until he has served at least one year as a Commissioner.

(b) The responsibilities of the Chairman are, first, to preside at meetings and hearings of the Tribunal, and second, to represent the Tribunal officially in all external matters. In matters of legislation and legislative reports, the Chairman will represent the majority opinion of the Tribunal; however, any Commissioner with a minority or supplemental opinion may have that opinion represented also. The Chairman is the initial authority for all communications with other government officials or agencies and is the contracting officer; however, another Commissioner or subordinate official may be designated to act in his stead. The Chairman shall convene a meeting of the Tribunal upon the request of a majority of the Commissioners.

[43 FR 53719, Nov. 17, 1978, as amended at 54 FR 24172, June 6, 1989]

§ 301.5 Standing committee.

The Tribunal may establish standing or temporary committees to act in whatever capacity the Tribunal feels is appropriate. Said committees are authorized, in the areas of their jurisdiction, to conduct hearings, meetings, and other proceedings, but no such subdivision shall be authorized to act on behalf of the agency as a whole within the official meeting of 5 U.S.C. 552(a)(1).

§ 301.6 Administration of the Tribunal.

The administration of the Tribunal denotes chiefly the maintenance of the Tribunal records and the custodianship of Tribunal property. The