Page:United States Statutes at Large Volume 102 Part 4.djvu/983

 PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3953

to the proportionate division of statutory license fees among them, may lump their claims together and file them jointly or as a single claim, or may designate a common agent to receive payment on their behalf. "(B)

DETERMINATION OF CONTROVERSY; DISTRIBUTIONS.—

After the first day of August of each year, the Copyright Royalty Tribunal shall determine whether there exists a controversy concerning the distribution of royalty fees. If the Tribunal determines that no such controversy exists, the Tribunal shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents. If the Tribunal finds the existence of a controversy, the Tribunal shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty fees. "(C) WITHHOLDING OF FEES DURING CONTROVERSY.—During

the pendency of any proceeding under this subsection, the Copyright Royalty Tribunal shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have discretion to proceed to distribute any amounts that are not in controversy. '(c) DETERMINATION OF ROYALTY FEES.— "(1) APPLICABILITY AND DETERMINATION OF ROYALTY FEES.—

The rate of the royalty fee payable under subsection (b)(l)(B) shall be effective until December 31, 1992, unless a royalty fee is established under paragraph (2), (3), or (4) of this subsection. After that date, the fee shall be determined either in accordance with the voluntary negotiation procedure specified in paragraph (2) or in accordance with the compulsory arbitration procedure specified in paragraphs (3) and (4). "(2) F E E SET BY VOLUNTARY NEGOTIATION.— "(A) NOTICE OF INITIATION OF PROCEEDINGS.—On or before

July 1, 1991, the Copyright Royalty Tribunal shall cause notice to be published in the Federal Register of the initiation of voluntary negotiation proceedings for the purpose of determining the royalty fee to be paid by satellite carriers under subsection (b)(l)(B). "(B) NEGOTIATIONS.—Satellite carriers, distributors, and copyright owners entitled to royalty fees under this section shall negotiate in good faith in an effort to reach a voluntary agreement or voluntary agreements for the payment of royalty fees. Any such satellite carriers, distributors, and copyright owners may at any time negotiate and agree to the royalty fee, and may designate common agents to negotiate, agree to, or pay such fees. If the parties fail to identify common agents, the Copyright Royalty Tribunal shall do so, after requesting recommendations from the parties to the negotiation proceeding. The parties to each negotiation proceeding shall bear the entire cost thereof.

Federal Register, publication.

"(C) AGREEMENTS BINDING ON PARTIES; FILING OF AGREE-

MENTS.—Voluntary agreements negotiated at any time in accordance with this paragraph shall be binding upon all satellite carriers, distributors, and cop3n'ight owners that are parties thereto. (Ilopies of such agreements shall be filed with the Copyright Office within 30 days after execution in

Regulations.

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