Copyright Royalty Tribunal Reform Act of 1993

Act of Congress }}
 * congress      =103
 * session       =1
 * pl            =198
 * pl previous   =
 * title         =Copyright Royalty Tribunal Reform Act of 1993
 * title previous =
 * title next    =FRIENDSHIP Act
 * statvolume    =114
 * statpage      =303
 * year          =1993
 * month         =12
 * day           =17
 * bill          =2840
 * billtype      =HR
 * notes         =
 * resolution    =
 * purpose       =To amend Title 17, United States Code, to establish copyright arbitration royalty panels to replace the Copyright Royalty Tribunal, and for other purposes.
 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

{{SECTION|SEC. 1.|SECTION 1}}. SHORT TITLE.

 * This Act may be cited as the ``Copyright Royalty Tribunal Reform Act of 1993´´.

{{SECTION|SEC. 2.|SEC. 2}}. COPYRIGHT ARBITRATION ROYALTY PANELS.

 * (a) ESTABLISHMENT AND PURPOSE.—
 * Section 801 of title 17, United States Code, is amended as follows:
 * (1) The section designation and heading are amended to read as follows:


 * ``Sec. 801. Copyright Arbitration Royalty Panels: Establishment and Purpose´´.


 * (2) Subsection (a) is amended to read as follows:


 * ``(a) ESTABLISHMENT.— The Librarian of Congress, upon the recommendation of the Register of Copyrights, is authorized to appoint and convene copyright arbitration royalty panels.´´.


 * (3) Subsection (b) is amended—
 * (A) by inserting ``PURPOSES.— ´´ after ``(b)´´;


 * (B) in the matter preceding paragraph (1), by striking ``Tribunal´´ and inserting ``copyright arbitration royalty panels´´;


 * (C) in paragraph (2)—
 * (i) in subparagraph (A), by striking ``Commission´´ and inserting ``copyright arbitration royalty panels´´;


 * (ii) in subparagraph (B), by striking ``Copyright Royalty Tribunal´´ and inserting ``copyright arbitration royalty panels´´; and


 * (iii) in subparagraph (D) by adding ``and´´ after the semicolon;


 * (D) in paragraph (3)—
 * (i) by striking ``and 119(b),´´ and inserting ``119(b), and 1003,´´; and


 * (ii) by striking the sentence beginning with ``In determining´´ through ``this title; and´´; and


 * (E) by striking paragraph (4);


 * (4) by amending subsection (c) to read as follows:


 * ``(c) RULINGS.— The Librarian of Congress, upon the recommendation of the Register of Copyrights, may, before a copyright arbitration royalty panel is convened, make any necessary procedural or evidentiary rulings that would apply to the proceedings conducted by such panel.´´; and


 * (5) by adding at the end the following new subsection:


 * ``(d) ADMINISTRATIVE SUPPORT OF COPYRIGHT ARBITRATION ROYALTY PANELS.— The Library of Congress, upon the recommendation of the Register of Copyrights, shall provide the copyright arbitration royalty panels with the necessary administrative services related to proceedings under this chapter.´´.


 * (b) MEMBERSHIP AND PROCEEDINGS.—
 * Section 802 of title 17, United States Code, is amended to read as follows:


 * (c) PROCEDURES OF THE TRIBUNAL.—
 * Section 803 of title 17, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 8 of such title, are repealed.


 * (d) INSTITUTION AND CONCLUSION OF PROCEEDINGS.—
 * Section 804 of title 17, United States Code, is amended as follows:
 * (1) The section heading is amended to read as follows:


 * ``Sec. 803. Institution and Conclusion of Proceedings´´.


 * (2) Subsection (a) is amended to read as follows:


 * (3) Subsection (b) is amended—
 * (A) by striking ``subclause´´ and inserting ``subparagraph´´;


 * (B) by striking ``Tribunal´´ the first place it appears and inserting ``Copyright Royalty Tribunal or the Librarian of Congress´´;


 * (C) by striking ``Tribunal´´ the second and third places it appears and inserting ``Librarian´´;


 * (D) by striking ``Tribunal´´ the last place it appears and inserting ``Copyright Royalty Tribunal or the Librarian of Congress´´; and


 * (E) by striking ``(a)(2), above´´ and inserting ``subsection (a) of this section´´.


 * (4) Subsection (c) is amended by striking ``Tribunal´´ and inserting ``Librarian of Congress´´.


 * (5) Subsection (d) is amended—
 * (A) by striking ``Chairman of the Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (B) by striking ``determination by the Tribunal´´ and inserting ``a determination´´.


 * (6) Subsection (e) is stricken out.


 * (e) REPEAL.—
 * Sections 805 through 810 of title 17, United States Code, are repealed.


 * (f) CLERICAL AMENDMENT.—
 * The table of sections for chapter 8 of title 17, United States Code, is amended to read as follows:

``CHAPTER 8—COPYRIGHT ARBITRATION ROYALTY PANELS
 * ``Sec.
 * ``801. Copyright arbitration royalty panels: establishment and purpose.
 * ``802. Membership and proceedings of copyright arbitration royalty panels.
 * ``803. Institution and conclusion of proceedings.´´.

{{SECTION|SEC. 3.|SEC. 3}}. JUKEBOX LICENSES.

 * (a) REPEAL OF COMPULSORY LICENSE.—
 * Section 116 of title 17, United States Code, and the item relating to section 116 in the table of sections at the beginning of chapter 1 of such title, are repealed.


 * (b) NEGOTIATED LICENSES.—
 * (1) Section 116A of title 17, United States Code, is amended—
 * (A) by redesignating such section as section 116;


 * (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively;


 * (C) in subsection (b)(2) (as so redesignated) by striking ``Copyright Royalty Tribunal´´ each place it appears and inserting ``Librarian of Congress´´;


 * (D) in subsection (c) (as so redesignated)—
 * (i) in the subsection caption by striking ``ROYALTY TRIBUNAL´´ and inserting ``ARBITRATION ROYALTY PANEL´´;


 * (ii) by striking ``subsection (c)´´ and inserting ``subsection (b)´´; and


 * (iii) by striking ``the Copyright Royalty Tribunal´´ and inserting ``a copyright arbitration royalty panel´´; and


 * (E) by striking subsections (e), (f), and (g).


 * (2) The table of sections at the beginning of chapter 1 of title 17, United States Code, is amended by striking ``116A´´ and inserting ``116´´.

{{SECTION|SEC. 4.|SEC. 4}}. PUBLIC BROADCASTING COMPULSORY LICENSE.

 * Section 118 of title 17, United States Code, is amended—
 * (1) in subsection (b)—
 * (A) by striking the first 2 sentences;


 * (B) in the third sentence by striking ``works specified by this subsection´´ and inserting ``published nondramatic musical works and published pictorial, graphic, and sculptural works´´;


 * (C) in paragraph (1)—
 * (i) in the first sentence by striking ``, within one hundred and twenty days after publication of the notice specified in this subsection,´´; and


 * (ii) by striking ``Copyright Royalty Tribunal´´ each place it appears and inserting ``Librarian of Congress´´;


 * (D) in paragraph (2) by striking ``Tribunal´´ and inserting ``Librarian of Congress´´;


 * (E) in paragraph (3)—
 * (i) by striking the first sentence and inserting the following: ``In the absence of license agreements negotiated under paragraph (2), the Librarian of Congress shall, pursuant to chapter 8, convene a copyright arbitration royalty panel to determine and publish in the Federal Register a schedule of rates and terms which, subject to paragraph (2), shall be binding on all owners of copyright in works specified by this subsection and public broadcasting entities, regardless of whether such copyright owners have submitted proposals to the Librarian of Congress.´´;


 * (ii) in the second sentence—
 * (I) by striking ``Copyright Royalty Tribunal´´ and inserting ``copyright arbitration royalty panel´´; and


 * (II) by striking ``clause (2) of this subsection´´ and inserting ``paragraph (2)´´; and


 * (iii) in the last sentence by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (F) by striking paragraph (4);


 * (2) in subsection (c)—
 * (A) by striking ``1982´´ and inserting ``1997´´; and


 * (B) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´;


 * (3) in subsection (d)—
 * (A) by striking ``to the transitional provisions of subsection (b)(4), and´´;


 * (B) by striking ``the Copyright Royalty Tribunal´´ and inserting ``a copyright arbitration royalty panel´´; and


 * (C) in paragraphs (2) and (3) by striking ``clause´´ each place it appears and inserting ``paragraph´´; and


 * (4) in subsection (g) by striking ``clause´´ and inserting ``paragraph´´.

{{SECTION|SEC. 5.|SEC. 5}}. SECONDARY TRANSMISSIONS OF SUPERSTATIONS AND NETWORK STATIONS FOR PRIVATE HOME VIEWERS.

 * Section 119 of title 17, United States Code, is amended—
 * (1) in subsection (b)—
 * (A) in paragraph (1) by striking ``, after consultation with the Copyright Royalty Tribunal,´´ each place it appears;


 * (B) in paragraph (2) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´;


 * (C) in paragraph (3) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (D) in paragraph (4)—
 * (i) by striking ``Copyright Royalty Tribunal´´ each place it appears and inserting ``Librarian of Congress´´;


 * (ii) by striking ``Tribunal´´ each place it appears and inserting ``Librarian of Congress´´; and


 * (iii) in subparagraph (B) by striking ``conduct a proceeding´´ in the last sentence and inserting ``convene a copyright arbitration royalty panel´´; and


 * (2) in subsection (c)—
 * (A) in the subsection caption by striking ``DETERMINATION´´ and inserting ``ADJUSTMENT´´;


 * (B) in paragraph (2) by striking ``Copyright Royalty Tribunal´´ each place it appears and inserting ``Librarian of Congress´´;


 * (C) in paragraph (3)—
 * (i) in subparagraph (A)—
 * (I) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (II) by striking the last sentence and inserting the following: ``Such arbitration proceeding shall be conducted under chapter 8.´´;


 * (ii) by striking subparagraphs (B) and (C);


 * (iii) in subparagraph (D)—
 * (I) by redesignating such subparagraph as subparagraph (B); and


 * (II) by striking ``Arbitration Panel´´ and inserting ``copyright arbitration royalty panel appointed under chapter 8´´;


 * (iv) by striking subparagraphs (E) and (F);


 * (v) by amending subparagraph (G) to read as follows:


 * (vi) in subparagraph (H)—
 * (I) by redesignating such subparagraph as subparagraph (D); and


 * (II) by striking ``adopted or ordered under subparagraph (F)´´ and inserting ``referred to in subparagraph (C)´´; and


 * (D) by striking paragraph (4).

{{SECTION|SEC. 6.|SEC. 6}}. CONFORMING AMENDMENTS.

 * (a) CABLE COMPULSORY LICENSE.—
 * Section 111(d) of title 17, United States Code, is amended as follows:
 * (1) Paragraph (1) is amended by striking ``, after consultation with the Copyright Royalty Tribunal (if and when the Tribunal has been constituted),´´.


 * (2) Paragraph (1)(A) is amended by striking ``, after consultation with the Copyright Royalty Tribunal (if and when the Tribunal has been constituted),´´.


 * (3) Paragraph (2) is amended by striking the second and third sentences and inserting the following: ``All funds held by the Secretary of the Treasury shall be invested in interest-bearing United States securities for later distribution with interest by the Librarian of Congress in the event no controversy over distribution exists, or by a copyright arbitration royalty panel in the event a controversy over such distribution exists.´´.


 * (4) Paragraph (4)(A) is amended—
 * (A) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (B) by striking ``Tribunal´´ and inserting ``Librarian of Congress´´.


 * (5) Paragraph (4)(B) is amended to read as follows:


 * ``(B) After the first day of August of each year, the Librarian of Congress shall, upon the recommendation of the Register of Copyrights, determine whether there exists a controversy concerning the distribution of royalty fees. If the Librarian determines that no such controversy exists, the Librarian shall, after deducting reasonable administrative costs under this section, distribute such fees to the copyright owners entitled to such fees, or to their designated agents. If the Librarian finds the existence of a controversy, the Librarian shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty panel to determine the distribution of royalty fees.´´.


 * (6) Paragraph (4)(C) is amended by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´.


 * (b) AUDIO HOME RECORDING ACT.—
 * (1) ROYALTY PAYMENTS.—
 * Section 1004(a)(3) of title 17, United States Code, is amended—
 * (A) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (B) by striking ``Tribunal´´ and inserting ``Librarian of Congress´´.


 * (2) DEPOSIT OF ROYALTY PAYMENTS.—
 * Section 1005 of title 17, United States Code, is amended by striking the last sentence.


 * (3) ENTITLEMENT TO ROYALTY PAYMENTS.—
 * Section 1006(c) of title 17, United States Code, is amended by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress shall convene a copyright arbitration royalty panel which´´.


 * (4) PROCEDURES FOR DISTRIBUTING ROYALTY PAYMENTS.—
 * Section 1007 of title 17, United States Code, is amended—
 * (A) in subsection (a)(1)—
 * (i) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (ii) by striking ``Tribunal´´ and inserting ``Librarian of Congress´´;


 * (B) in subsection (b)—
 * (i) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (ii) by striking ``Tribunal´´ each place it appears and inserting ``Librarian of Congress´´; and


 * (C) in subsection (c)—
 * (i) by striking the first sentence and inserting ``If the Librarian of Congress finds the existence of a controversy, the Librarian shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty panel to determine the distribution of royalty payments.´´;


 * (ii) by striking ``Tribunal´´ each place it appears and inserting ``Librarian of Congress´´; and


 * (iii) in the last sentence by striking ``its reasonable administrative costs´´ and inserting ``the reasonable administrative costs incurred by the Librarian´´.


 * (5) ARBITRATION OF CERTAIN DISPUTES.—
 * Section 1010 of title 17, United States Code, is amended—
 * (A) in subsection (b)—
 * (i) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´; and


 * (ii) by striking ``Tribunal´´ each place it appears and inserting ``Librarian of Congress´´;


 * (B) in subsection (e)—
 * (i) in the subsection caption by striking ``COPYRIGHT ROYALTY TRIBUNAL´´ and inserting ``LIBRARIAN OF CONGRESS´´; and


 * (ii) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´;


 * (C) in subsection (f)—
 * (i) in the subsection caption by striking ``COPYRIGHT ROYALTY TRIBUNAL´´ and inserting ``LIBRARIAN OF CONGRESS´´;


 * (ii) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´;


 * (iii) by striking ``Tribunal´´ each place it appears and inserting ``Librarian of Congress´´; and


 * (iv) in the third sentence by striking ``its´´ and inserting ``the Librarian's´´; and


 * (D) in subsection (g)—
 * (i) by striking ``Copyright Royalty Tribunal´´ and inserting ``Librarian of Congress´´;


 * (ii) by striking ``Tribunal's decision´´ and inserting ``decision of the Librarian of Congress´´; and


 * (iii) by striking ``Tribunal´´ each place it appears and inserting ``Librarian of Congress´´.

{{SECTION|SEC. 7.|SEC. 7}}. EFFECTIVE DATE AND TRANSITION PROVISIONS.

 * (a) IN GENERAL.—
 * This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.


 * (b) EFFECTIVENESS OF EXISTING RATES AND DISTRIBUTIONS.—
 * All royalty rates and all determinations with respect to the proportionate division of compulsory license fees among copyright claimants, whether made by the Copyright Royalty Tribunal, or by voluntary agreement, before the effective date set forth in subsection (a) shall remain in effect until modified by voluntary agreement or pursuant to the amendments made by this Act.


 * (c) TRANSFER OF APPROPRIATIONS.—
 * All unexpended balances of appropriations made to the Copyright Royalty Tribunal, as of the effective date of this Act, are transferred on such effective date to the Copyright Office for use by the Copyright Office for the purposes for which such appropriations were made.

{{SECTION|SEC. 8.|SEC. 8}}. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEMBERS-ALASKA EXCEPTION.

 * (a) ALASKA EXCEPTION.—
 * Section 258 of the Immigration and Nationality Act (8 U.S.C. 1288) is amended—
 * (1) by redesignating subsection (d) as subsection (e); and


 * (2) by inserting after subsection (c) the following new subsection:


 * (b) CONFORMING AMENDMENTS.—
 * (1) Section 258(a) (8 U.S.C. 1288(a)) is amended by striking ``subsection (c) or subsection (d)´´ and inserting ``subsection (c), (d), or (e)´´.


 * (2) Section 258(c)(4)(A) (8 U.S.C. 1288(c)(4)(A)) is amended by inserting ``or subsection (d)(1)´´ after ``paragraph (1)´´ each of the two places it appears.


 * (3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding at the end the following new paragraph:


 * ``(5) Except as provided in paragraph (5) of subsection (d), this subsection shall not apply to longshore work performed in the State of Alaska.´´.


 * (c) IMPLEMENTATION.—
 * (1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this section.


 * (2) Attestations filed pursuant to section 258(c) (8 U.S.C. 1288(c)) with the Secretary of Labor before the date of enactment of this Act shall remain valid until 60 days after the date of issuance of final regulations by the Secretary under this section.

Approved December 17, 1993.

Legislative History

 * HOUSE REPORTS:
 * No. 103-286 (Comm. on Judiciary)
 * SENATE REPORTS:
 * No. 103-711 (Comm. on Judiciary)
 * CONGRESSIONAL RECORD, Vol. 139 (1993):
 * Oct. 12, considered and passed House.
 * Nov. 20, considered and passed Senate, amended.
 * Nov. 23, House agreed to Senate amendment.
 * Nov. 23, House agreed to Senate amendment.