1 55 gress. The Register of Copyrights, together with the subordinate 2 officers and employees of the Copyright Office, shall be appointed by 3 4 the Librarian of Congress, and shall act under his general direction and supervision. 5 (b) The Register of Copyrights shall adopt a seal to be used on 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 and after January 1, 1977, to authenticate all certified documents issued by the Copyright Office. (c) The Register of Copyrights shall make an annual report to the Librarian of Congress of the work and accomplishments of the Copyright Office during the previous fiscal year. The annual report of the Register of Copyrights shall be published separately and as a part of the annual report of the Librarian of Congress. § 702. Copyright Office regulations The Register of Copyrights is authorized to establish regulations not inconsistent with law for the administration of the functions and duties made his responsibility under this title. All regulations established by the Register under this title are subject to the approval of the Librarian of Congress. § 703. Effective date of actions in Copyright Office In any case in which time limits are prescribed under this title for the performance of an action in the Copyright Office, and in 22 which the last day of the prescribed period falls on a Saturday, Sun23 day, holiday or other non-business day within the District of Columbia or the Federal Government, the action may be taken on the next succeeding business day, and is effective as of the date when the period expired. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 § 704. Retention and disposition of articles deposited in Copyright Office (a) Upon their deposit in the Copyright Office under sections 407 and 408, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the United States Government. (b) In the case of published works, all copies, phonorecords, and identifying material deposited are available to the Library of Congress for its collections, or for exchange or transfer to any other library. In the case of unpublished works, the Library is entitled to select any deposits for its collections. (c) Deposits not selected by the Library under subsection (b), or 39 identifying portions or reproductions of them, shall be retained under the control of the Copyright Office, including rentention in Govern 40 76 - nt 1-5 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ment storage facilities, for the longest period considered practicable and desirable by the Register of Copyrights and the Librarian of Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other disposition; but, in the case of unpublished works, no deposit shall be destroyed or otherwise disposed of during its term of copyright. (d) The depositor of copies, phonorecords, or identifying material under section 408, or the copyright owner of record, may request retention, under the control of the Copyright Office, of one or more of such articles for the full term of copyright in the work. The Register of Copyright shall prescribe, by regulation, the conditions under which such requests are to be made and granted, and shall fix the fee to be charged under section 708 (a) (11) if the request is granted. $705. Copyright Office records: Preparation, maintenance, public inspection, and searching (a) The Register of Copyrights shall provide and keep in the Copyright Office records of all deposits, registrations, recordations, and other actions taken under this title, and shall prepare indexes of all such records. (b) Such records and indexes, as well as the articles deposited in connection with completed copyright registrations and retained under the control of the Copyright Office, shall be open to public inspection. (c) Upon request and payment of the fee specified by section 708, the Copyright Office shall make a search of its public records, indexes, 25 and deposits, and shall furnish a report of the information they disclose with respect to any particular deposits, registrations, or recorded documents. 26 27 28 29 30 31 32 33 34 $ 706. Copies of Copyright Office records (a) Copies may be made of any public records or indexes of the Copyright Office; additional certificates of copyright registration and copies of any public records or indexes may be furnished upon request and payment of the fees specified by section 708. (b) Copies or reproductions of deposited articles retained under the control of the Copyright Office shall be authorized or furnished 35 only under the conditions specified by the Copyright Office regulations. § 707. Copyright Office forms and publications 36 37 38 (a) CATALOG OF COPYRIGHT ENTRIES.-The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copy39 right registrations. These catalogs shall be divided into parts in accordance with the various classes of works, and the Register has 40 57 discretion to determine on the basis of practicability and usefulness, the form and frequency of publication of each particular part. (b) OTHER PUBLICATIONS.-The Register shall furnish, free of charge upon request, application forms for copyright registration and general informational material in connection with the functions of the Copyright Office. He also has authority to publish compilations of information, bibliographies, and other material he considers to be of value to the public. (c) DISTRIBUTION OF PUBLICATIONS.-All publications of the Copyright Office shall be furnished to depository libraries as specified under section 1905 of title 44, United States Code, and, aside from those furnished free of charge, shall be offered for sale to the public at prices based on the cost of reproduction and distribution. § 708. Copyright Office fees (a) The following fees shall be paid to the Register of Copyrights: (1) for the registration of a copyright claim or a supplementary registration under section 408, including the issuance of a certificate of registration, $6; (2) for the registration of a claim to renewal of a subsisting copyright in its first term under section 304 (a), including the issuance of a certificate of registration, $4; (3) for the issuance of a receipt for a deposit under section 407, $2; (4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document of six pages or less, covering no more than one title, $5; for each page over six and for each title over one, 50 cents additional; (5) for the filing, under section 115(b), of a notice of intention to make phonorecords, $3; (6) for the recordation, under section 302 (c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302 (d), of a statement relating to the death of an author, $5 for a document of six pages or less, covering no more than one title; for each page over six and for each title over one, 50 cents additional; (7) for the issuance, under section 601, of an import statement, $3; (8) for the issuance, under section 706, of an additional certificate of registration, $2; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 58 (9) for the issuance of any other certification, $3; the Register of Copyrights has discretion, on the basis of their cost, to fix the fees for preparing copies of Copyright Office records, whether they are to be certified or not; (10) for the making and reporting of a search as provided by section 705, and for any related services, $5 for each hour or fraction of an hour consumed; (11) for any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service. (b) The fees prescribed by or under this section are applicable to the United States Government and any of its agencies, employees, or officers, but the Register of Copyrights has discretion to waive the requirement of this subsection in occasional or isolated cases involving relatively small amounts. § 709. Delay in delivery caused by disruption of postal or other services In any case in which the Register of Copyright determines, on the basis of such evidence as he may by regulation require, that a deposit, application, fee, or any other material to be delivered to the Copyright Office by a particular date, would have been received in the Copyright Office in due time except for a general disruption or suspension of postal or other transportation or communications services, the actual receipt of such material in the Copyright Office within one month after the date on which the Register determines that the disruption or suspension of such services has terminated, shall be considered timely. Chapter 8.-COPYRIGHT ROYALTY TRIBUNAL Sec. S01. Copyright Royalty Tribunal: Establishment and purpose. 802. Petitions for the adjustment of royalty rates. 803. Membership of the Tribunal. 804. Procedures of the Tribunal. 805. Compensation of members of the Tribunal; expenses of the Tribunal. 806. Reports to the Congress. 807. Effective date of royalty adjustment. 808. Effective date of royalty distribution. 809. Judicial review. 28 § 801. Copyright Royalty Tribunal: Establishment and purpose (a) There is hereby created in the Library of Congress a Copyright 30 Royalty Tribunal. 31 32 33 34 (b) Subject to the provisions of this chapter, the purpose of the Tribunal shall be: (1) to make determinations concerning the adjustment of the copyright royalty rates specified by sections 111 and 115 so as to assure that such rates are reasonable and in the event that the 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 59 Tribunal shall determine that the statutory royalty rate, or a rate previously established by the Tribunal, or the revenue basis in respect to section 111, does not provide a reasonable royalty fee for the basic service of providing secondary transmissions of the primary broadcast transmitter or is otherwise unreasonable, the Tribunal may change the royalty rate or the revenue basis on which the royalty fee shall be assessed or both so as to assure reasonable royalty fee; and (2) to determine in certain circumstances the distribution of the royalty fees deposited with the Register of Copyrights under sections 111 and 116. § 802. Petitions for the adjustment of royalty rates (a) On July 1, 1977, the Register of Copyrights shall cause to be published in the Federal Register notice of the commencement of proceedings for the review of the royalty rate specified by sections 111 and 115. (b) During the calendar year 1984, and in each subsequent fifth calendar year, any owner or user of a copyrighted work whose royalty rates are specified by this title, or by a rate established by the Tribunal, may file a petition with the Register of Copyrights declaring that the petitioner requests an adjustment of the rate. The Register shall make a determination as to whether the applicant has a signifi21 cant interest in the royalty rate in which an adjustment is requested. If the Register determines that the petitioner has a significant interest, he shall cause notice of his decision to be published in the Federal Register. 20 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 § 803. Membership of the Tribunal (a) In accordance with Section 802, or upon certifying the existence of a controversy concerning the distribution of royalty fees deposited pursuant to sections 111 and 116, the Register shall request the American Arbitration Association or any similar successor organization to furnish a list of three members of said Association. The Register shall communicate the names together with such information as may be appropriate to all parties of interest. And such party within twenty days from the date said communication is sent may submit to the Register written objections to any or all of the proposed names. If no such objections are received, or if the Register determines that said objections are not well founded, he shall certify the appointment of the three designated individuals to constitute a panel of the Tribunal for the consideration of the specified rate or royalty distribution. Such panel shall function as the Tribunal established in section 801. If the Register determines that the objections to the designation of one or more of the |