Page:Copyright Law Revision (Senate Report No. 94-473).djvu/157

 of a panel of the Tribunal to consider an adjustment of the appropriate statutory rate. Only one panel would be established for each royalty rate.

Regulations of the Register of Copyrights

Section 702 authorizes the Register of Copyrights, subject to the approval of the Librarian of Congress, to establish regulations not inconsistent with law for the administration of the functions and duties made his responsibility. It is contemplated that the Register will issue the necessary regulations in such matters as the form and content of petitions for adjustment of royalty rates, the form and content of claims filed pursuant to Sections 111, 116, and 118 general regulations for the functioning of panels of the Tribunal, and such administrative regulations as are necessary concerning compensation of members of the Tribunal and expenses of the Tribunal.

Membership of the Tribunal

According to section 802, or upon certifying the existence of a controversy concerning the distribution of royalty fees, the Register shall request the American Arbitration Association or any similar successor organization to furnish a list of three members of the Association. In referring to members of the American Arbitration Association the intent is to include those individuals who are officially members of arbitration panels of the Association.

The Register shall communicate the proposed names, together with such information as may be appropriate, to all known parties of interest. Any such party within twenty days from the date of the communication may submit to the Register written objections to any or all of the proposed names. If no objections are received, or if the Register determines that the objectives 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.

If the Register determines that the objections to the designation of one or more of the proposed individuals are well founded, the Register shall request the American Arbitration Association or successor organization to propose the necessary number of substitute individuals.

The Register upon receiving such additional names shall constitute the panel. He shall designate one member of the panel as Chairman. It is provided that 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 same manner as the original constitution of the panel.

Procedures of the Tribunal

Section 804 is concerned with the procedures of the Tribunal. Except as provided by law or as governed by general regulations issued by the Register under section 702, the Tribunal shall determine its own procedure. It is the intent of this legislation that the Tribunal shall complete each proceeding within one year of the constitution of a panel. Upon a showing of good cause, such period may be extended upon the approval of the Committees on the Judiciary of the Senate and the House of Representatives.