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(5) for the filing, under section 115(b), of a notice of intention 2 to make phonorecords, $3; 3

(6) for the recordation, under section 302(c), of a statement 4 revealing the identity of an author of an anonymous or pseu

donymous work, or for the recordation, under section 302(d), of a 6 statement relating to the death of an author, $5 for a document of 7 six pages or less, covering no more than one title; for each page 8 over six and for each title over one, 50 cents additional; 9

(7) for the issuance, under section 601, of an import state10 ment, $3; 11

(8) for the issuance, under section 706, of an additional certifi12 cate of registration, $2; 13

(9) for the issuance, under section 116, of a certificate for the 14 recordation of a phonorecord player, 50 cents; 15 (10) for the issuance of any other certification, $3; the Register 16 of Copyrights has discretion, on the basis of their cost, to fix the 17 fees for preparing copies of Copyright Office records, whether 18 they are to be certified or not; 19 (11) for the making and reporting of a search as provided by 20 section 705, and for any related services, $5 for each hour or frac21 tion of an hour consumed; 22

(12) for any other special services requiring a substantial 23 amount of time or expense, such fees as the Register of Copyrights 24 may fix on the basis of the cost of providing the service. 25 (b) The fees prescribed by or under this section are applicable to 26 the United States Government and any of its agencies, employees, or 27 officers, but the Register of Copyrights has discretion to waive the 28 requirement of this subsection in occasional or isolated cases involving 29 relatively small amounts. 30

Chapter 8.–COPYRIGHT ROYALTY TRIBUNAL

Sec.

801. 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. 31 8 801. Copyright Royalty Tribunal: Establishment and purpose 32 (a) There is hereby created in the Library of Congress a Copyright 33 Royalty Tribunal. 34 (b) Subject to the provisions of this chapter, the purposes of the

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Tribunal shall be: (1) to make determinations concerning the adjust-
ment 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
(2) to determine in certain circumstances the distribution of the roy-
alty fees deposited with the Register of Copyrights under sections 111,
114, and 116.
8 802. 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 Tri-
bunal. During calendar year 1980, and in each subsequent fifth calen-
dar 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 Tri-
bunal. The Register shall make a determination as to whether the ap-
plicant has a significant interest in the royalty rate in which an ad-
justment is requested. If the Register determines that the petitioner has
a significant interest, he shall cause notice of his decision to be pub-
lished in the Federal Register.
8 803. 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 panel shall function as the Tribunal established in section 801. If the

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1 Register determines that the objections to the designation of one or 2 more of the proposed individuals are well founded, the Register shall 3 request the American Arbitration Association or any similar successor 4 organization to propose the necessary number of substitute individuals. 5

Upon receiving such additional names the Register shall constitute 6 the panel. The Register shall designate one member of the panel as 7 Chairman. 8 (b) If any member of a panel becomes unable to perform his duties, 9 the Register, after consultation with the parties, may provide for the 10 selection of a successor in the manner prescribed in subsection (a). 11 8 804. Procedures of the Tribunal 12 (a) The Tribunal shall fix a time and place for its proceedings and 13 shall cause notice to be given to the parties. 14 (b) Any organization or person entitled to participate in the pro15 ceedings may appear directly or be represented by counsel. 16

(c) Except as otherwise provided by law, the Tribunal shall deter17 mine its own procedure. For the purpose of carrying out the provisions 18 of this chapter, the Tribunal may hold hearings, administer oaths, 19

and require, by subpoena or otherwise, the attendance and testimony 20 of witnesses and the production of documents. 21 (d) Every final decision of the Tribunal shall be in writing and 22 shall state the reasons therefor. 23 8 805. Compensation of members of the Tribunal; expenses of the 24

Tribunal 25 (a) In proceedings for the distribution of royalty fees, the compen26 sation of members of the Tribunal and other expenses of the Tribunal 27 shall be deducted prior to the distribution of the funds. 28 (b) In proceedings for the adjustment of royalty rates, there is 29 hereby authorized to be appropriated such sums as may be necessary. 30

(c) The Library of Congress is authorized to furnish facilities and 31 incidental service to the Tribunal. 32 (d) The Tribunal is authorized to procure temporary and inter33 mittent services to the same extent as is authorized by section 3109 of 34 title 5, United States Code. 35 8 806. Reports to the Congress 36 The Tribunal immediately upon making a final determination in 37

any proceeding for adjustment of a statutory royalty shall transmit 38

its decision, together with the reasons therefor, to the Secretary of the 39 Senate and the Clerk of the House of Representatives for reference 40 to the Judiciary Committees of the Senate and the House of 41 Representatives.

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8 807. Effective date of royalty adjustment 2

(a) Prior to the expiration of the first period of ninety calendar 3

days of continuous session of the Congress, following the transmittal 4

of the report specified in section 806, either House of the Congress may 5

adopt a resolution stating in substance that the House does not favor 6

the recommended royalty adjustment, and such adjustment, therefore, 7

shall not become effective. 8

(b) For the purposes of subsection (a) of this section 9

(1) Continuity of session shall be considered as broken only by 10

an adjournment of the Congress sine die, and 11

(2) In the computation of the ninety-day period there shall be 12

excluded the days on which either House is not in session because 13

of an adjournment of more than three days to a day certain. 14

(c) In the absence of the passage of such a resolution by either 15

House during said ninety-day period, the final determination by the 16

Tribunal of a petition for adjustment shall take effect on the first day

following ninety calendar days after the expiration of the period speci18

fied by subsection (a). 19

(d) The Register of Copyrights shall give notice of such effective 20

date by publication in the Federal Register not less than sixty days 21 before said date. 22

8 808. Effective date of royalty distribution 23 A final determination of the Tribunal concerning the distribution 24

of royalty fees deposited with the Register of Copyrights pursuant to 25

sections 111, 114, and 116 shall become effective thirty days following 26 such determination unless prior to that time an application has been 27 filed pursuant to section 809 to vacate, modify or correct the determina28 tion, and notice of such application has been served upon the Register 29

of Copyrights. The Register upon the expiration of thirty days shall 30 distribute such royalty fees not subject to any application filed pur31 suant to section 809. 32 8 809. Judicial review 33 In any of the following cases the United States District Court for 34 the District of Columbia may make an order vacating, modifying or 35 correcting a final determination of the Tribunal concerning the distri

bution of royalty fees 37 (a) Where the determination was procured by corruption, fraud, 38 or undue means. 39 (b) Where there was evident partiality or corruption in any mem40 ber of the panel.

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TRANSITIONAL AND SUPPLEMENTARY PROVISIONS

1 (c) Where any member of the panel was guilty of any misconduct 2 by which the rights of any party have been prejudiced. 3 4 Sec. 102. This title becomes effective on January 1, 1975, except as 5 otherwise provided by sections 111(c) and 304(b) of title 17 as 6 amended by this title. 7 Sec. 103. This title does not provide copyright protection for any 8 work that goes into the public domain before January 1, 1975. The 9 exclusive rights, as provided by section 106 of title 17 as amended 10 by this title, to reproduce a work in phonorecords and to distribute 11 phonorecords of the work, do not extend to any nondramatic musical 12 work copyrighted before July 1, 1909. 13 Sec. 104. All proclamations issued by the President under sections 14 1(e) or 9(b) of title 17 as it existed on December 31, 1974, or under 15 previous copyright statutes of the United States shall continue in 16 force until terminated, suspended, or revised by the President. 17 Sec. 105. (a) (1) Section 505 of title 44, United States Code, Sup18 plement IV, is amended to read as follows: 19 "g 505. Sale of duplicate plates 20 “The Public Printer shall sell, under regulations of the Joint Com21 mittee on Printing to persons who may apply, additional or duplicate 22 stereotype or electrotype plates from which a Government publication 23 is printed, at a price not to exceed the cost of composition, the metal, 24 and making to the Government, plus 10 per centum, and the full 25 amount of the price shall be paid when the order is filed.” 26 (2) The item relating to section 505 in the sectional analysis at the 27 beginning of chapter 5 of title 44, United States Code, is amended to 28 read as follows:

"506. Sale of duplicate plates." 29 (b) Section 2113 of title 44, United States Code, is amended to read 30 as follows: 31 "g 2113. Limitation on liability 32 “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) 35 come into the custody or possession of the Administrator of General 36 Services, the United States or its agents are not liable for infringe37 ment 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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