2 3 60 1 proposed individuals are well founded, the Register shall request the American Arbitration Association or any similar successor organization to propose the necessary number of substitute individuals. Upon 4 receiving such additional names the Register shall constitute the panel. The Register shall designate one member of the panel as Chairman. 5 6 7 8 9 10 11 12 (b) If any member of a panel becomes unable to perform his duties, the Register, after consultation with the parties, may provide for the selection of a successor in the manner prescribed in subsection (a). § 804. Procedures of the Tribunal (a) The Tribunal shall fix a time and place for its proceedings and shall cause notice to be given to the parties. (b) Any organization or person entitled to participate in the pro13 ceedings may appear directly or be represented by counsel. 28 29 30 31 (c) Except as otherwise provided by law, the Tribunal shall determine its own procedure. For the purpose of carrying out the provisions of this chapter, the Tribunal may hold hearings, administer oaths, and require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of documents. (d) Every final decision of the Tribunal shall be in writing and shall state the reasons therefor. (e) The Tribunal shall render a final decision in each proceeding within one year from the certification of the panel. Upon a showing of good cause, the Senate Committee on the Judiciary and the House of Representatives Committee on the Judiciary may waive this requirement in a particular proceeding. § 805. Compensation of members of the Tribunal; expenses of the Tribunal (a) In proceedings for the distribution of royalty fees, the compensation of members of the Tribunal and other expenses of the Tribunal shall be deducted prior to the distribution of the funds. (b) In proceedings for the adjustment of royalty rates, there is 32 hereby authorized to be appropriated such sums as may be necessary. 33 (c) The Library of Congress is authorized to furnish facilities and 34 incidental service to the Tribunal. 35 36 37 38 39 40 (d) The Tribunal is authorized to procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. § 806. Reports to the Congress The Tribunal immediately upon making a final determination in any proceeding for adjustment of a statutory royalty shall transmit 61 1 its decision, together with the reasons therefor, to the Secretary of the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Senate and the Clerk of the House of Representatives for reference to the Judiciary Committees of the Senate and the House of Representatives. § 807. Effective date of royalty adjustment (a) Prior to the expiration of the first period of ninety calendar days of continuous session of the Congress, following the transmittal of the report specified in section 806, either House of the Congress may adopt a resolution stating in substance that the House does not favor the recommended royalty adjustment, and such adjustment, therefore, shall not become effective. (b) For the purposes of subsection (a) of this section (1) Continuity of session shall be considered as broken only by an adjournment of the Congress sine die. and (2) In the computation of the ninety-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain. (c) In the absence of the passage of such a resolution by either House during said ninety-day period. the final determination by the Tribunal of a petition for adjustment shall take effect on the first day following ninety calendar days after the expiration of the period speci22 fied by subsection (a). 19 20 21 23 (d) The Register of Copyrights shall give notice of such effective date by publication in the Federal Register not less than sixty days 25 before said date. 24 26 27 28 29 30 § 808. Effective date of royalty distribution A final determination of the Tribunal concerning the distribution of royalty fees deposited with the Register of Copyrights pursuant to sections 111 and 116 shall become effective thirty days following such determination unless prior to that time an application has been filed pursuant to section 809 to vacate, modify or correct the determination, 32 and notice of such application has been served upon the Register of 33 Copyrights. The Register upon the expiration of thirty days shall distribute such royalty fees not subject to any application filed pursuant any of the following cases the United States District Court for the District of Columbia may make an order vacating, modifying or 39 correcting a final determination of the Tribunal concerning the distri 62 (a) Where the determination was procured by corruption, fraud, or undue means. (b) Where there was evident partiality or corruption in any member of the panel. (c) Where any member of the panel was guilty of any misconduct by which the rights of any party have been prejudiced. TRANSITIONAL AND SUPPLEMENTARY PROVISIONS SEC. 102. This title becomes effective on January 1, 1977, except as otherwise provided by section 304 (b) of title 17 as amended by this title. SEC. 103. This title does not provide copyright protection for any work that goes into the public domain before January 1, 1977. The exclusive rights, as provided by section 106 of title 17 as amended by this title, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909. SEC. 104. All proclamations issued by the President under sections 1(e) or 9(b) of title 17 as it existed on December 31, 1976, or under previous copyright statutes of the United States shall continue in force until terminated, suspended, or revised by the President. SEC. 105. (a) (1) Section 505 of title 44, United States Code, Supplement IV, is amended to read as follows: "§ 505. Sale of duplicate plates "The Public Printer shall sell, under regulations of the Joint Committee on Printing to persons who may apply, additional or duplicate stereotype or electrotype plates from which a Government publication is printed, at a price not to exceed the cost of composition, the metal, and making to the Government, plus 10 per centum, and the full amount of the price shall be paid when the order is filed." (2) The item relating to section 505 in the sectional analysis at the beginning of chapter 5 of title 44, United States Code, is amended to read as follows: "505. Sale of duplicate plates." (b) Section 2113 of title 44, United States Code, is amended to read as follows: "§ 2113. Limitation on liability "When letters and other intellectual productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) come into the custody or possession of the Administrator of General 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 63 Services, the United States or its agents are not liable for infringement of copyright or analogous rights arising out of use of the materials for display, inspection, research, reproduction, or other purposes." (c) In section 1498 (b) of title 28 of the United States Code, the phrase "section 101(b) of title 17” is amended to read “section 504 (c) of title 17". (d) Section 543 (a) (4) of the Internal Revenue Code of 1954, as amended, is amended by striking out "(other than by reason of section 2 or 6 thereof)". (e) Section 3202 (a) of title 39 of the United States Code is amended by striking out clause (5). Section 3206 (c) of title 39 of the United States Code is amended by striking out clause (c). Section 3206 (d) is renumbered (c). (f) In section 6 of the Standard Reference Data Act (section 290(e) of title 15 of the United States Code, Supplement IV), subsection (a) is amended to delete the reference to "section 8" and to substitute therefor the phrase "section 105”. SEC. 106. In any case where, before January 1, 1977, a person has 19 lawfully made parts of instruments serving to reproduce mechani20 cally a copyrighted work under the compulsory license provisions of section 1(e) of title 17 as it existed on December 31, 1976, he may continue to make and distribute such parts embodying the same me23 chanical reproduction without obtaining a new compulsory license under the terms of section 115 of title 17 as amended by this title. However, such parts made on or after January 1, 1977, constitute phonorecords and are otherwise subject to the provisions of said section 115. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SEC. 107. In the case of any work in which an ad interim copyright is subsisting or is capable of being secured on December 31, 1976, under section 22 of title 17 as it existed on that date, copyright protection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by this title. SEC. 108. The notice provisions of sections 401 through 403 of title 17 as amended by this title apply to all copies or phonorecords publicly distributed on or after January 1, 1977. However, in the case of a work published before January 1, 1977, compliance with the notice provisions of title 17 either as it existed on December 31, 1976, or as amended by this title, is adequate with respect to copies publicly distributed after December 31, 1976. 1 64 SEC. 109. The registration of claims to copyright for which the 2 required deposit, application, and fee were received in the Copyright Office before January 1, 1977, and the recordation of assignments of 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 copyright or other instruments received in the Copyright Office before January 1, 1977, shall be made in accordance with title 17 as it existed on December 31, 1976. SEC. 110. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1976, apply to any work in which copyright has been secured by publication with notice of copyright on or before that date, but any deposit and registration made after that date in response to a demand under that section shall be made in accordance with the provisions of title 17 as amended by this title. SEC. 111. Section 2318 of title 18 of the United States Code is amended to read as follows: "§ 2318. Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels "Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, or offers for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited shall be fined not more than $25,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned not more than two years or both, for any subsequent offense." SEC. 112. All causes of action that arose under title 17 before January 1, 1977, shall be governed by title 17 as it existed when the cause of action arose. SEC. 113. If any provision of title 17, as amended by this title, is declared unconstitutional, the validity of the remainder of the title is not affected. TITLE II-PROTECTION OF ORNAMENTAL DESIGNS OF USEFUL ARTICLES DESIGNS PROTECTED SEC. 201. (a) The author or other proprietor of an original ornamental design of a useful article may secure the protection provided by this title upon complying with and subject to the provisions hereof. (b) For the purposes of this title (1) A "useful article" is an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appear |