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1 Tribunal shall be: (1) to make determinations concerning the adjustment of the copyright royalty rates specified by sections 111, 114, 115, and 116 so as to assure that such rates continue to be reasonable; and

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(2) to determine in certain circumstances the distribution of the royalty fees deposited with the Register of Copyrights under sections 111, 114, and 116.

§ 802. Petitions for the adjustment of royalty rates

During calendar year 1978, and in each subsequent fifth calendar year, any owner or user of a copyrighted work whose royalty rates are initially specified by sections 111 and 114, or the duly authorized agent of such owner or user, may file a petition with the Register of Copyrights declaring that the petitioner requests an adjustment of the statutory royalty rate, or a rate previously established by the Tribunal. During calendar year 1980, and in each subsequent fifth calendar year, any owner or user of a copyrighted work whose royalty rates are initially specified by sections 115 and 116, or the duly authorized agent of such owner or user, may file a petition with the Register of Copyrights declaring that the petitioner requests an adjustment of the statutory royalty rate, or a rate previously established by the Tribunal. The Register shall make a determination as to whether the applicant has a significant 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.

§ 803. Membership of the Tribunal

(a) Upon determining that a petitioner for adjustment of a royalty rate has a significant interest, or upon certifying the existence of a controversy concerning the distribution of royalty fees deposited pursuant to sections 111, 114 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. Any 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 40 panel shall function as the Tribunal established in section 801. If the

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more of the 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 receiving such additional names the Register shall constitute the panel. The Register shall designate one member of the panel as Chairman.

(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 proceedings may appear directly or be represented by counsel.

(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.

§ 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 hereby authorized to be appropriated such sums as may be necessary. (c) The Library of Congress is authorized to furnish facilities and incidental service to the Tribunal.

(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 its decision, together with the reasons therefor, to the Secretary of the Senate and the Clerk of the House of Representatives for reference to the Judiciary Committees of the Senate and the House of Representatives.

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8807. 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 specified by subsection (a).

(d) The Register of Copyrights shall give notice of such effective date by publication in the Federal Register not less than sixty days before said date.

8808. 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, 114, 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, and notice of such application has been served upon the Register of Copyrights. The Register upon the expiration of thirty days shall distribute such royalty fees not subject to any application filed pur31 suant to section 809.

In any of the following cases the United States District Court for the District of Columbia may make an order vacating, modifying or correcting a final determination of the Tribunal concerning the distribution of royalty fees

(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.

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(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, 1975, except as otherwise provided by sections 111 (c) and 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, 1975. 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, 1974, 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:

❝g 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

(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 33 patented material, published works under copyright protection, and 34 unpublished works for which copyright registration has been made) come into the custody or possession of the Administrator of General 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 39 purposes."

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(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

5 amended, is amended by striking out "(other than by reason of sec

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(e) Section 4152 (a) of title 39 of the United States Code is amended by striking out clause (5).

(f) In section 6 of the Standard Reference Data Act (section 10 290 (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”.

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SEC. 106. In any case where, before January 1, 1975, a person has 14 lawfully made parts of instruments serving to reproduce mechani15 cally a copyrighted work under the compulsory license provisions of section 1(e) of title 17 as it existed on December 31, 1974, he may 17 continue to make and distribute such parts embodying the same me18 chanical reproduction without obtaining a new compulsory license 19 under the terms of section 115 of title 17 as amended by this title. 20 However, such parts made on or after January 1, 1975, constitute 21 phonorecords and are otherwise subject to the provisions of said section 115.

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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, 1974, 25 under section 22 of title 17 as it existed on that date, copyright pro26 tection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by this title.

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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, 1975. However, in the case of a work published before January 1, 1975, compliance with the notice provisions of title 17 either as it existed on December 31, 1974, or as amended by this title, is adequate with respect to copies publicly distributed after December 31, 1974.

SEC. 109. The registration of claims to copyright for which the required deposit, application, and fee were received in the Copyright Office before January 1, 1975, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1, 1975, shall be made in accordance with title 17 as it existed on December 31, 1974.