Page:United States Statutes at Large Volume 102 Part 4.djvu/985

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PUBLIC LAW 100-667—NOV. 16, 1988

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102 STAT. 3955

public a primary transmission made by a broadcast station, the fee established under any voluntary agreement filed with the Copyright Office in accordance with paragraph (2), and the last fee proposed by the parties, before proceedings under this paragraph, for the secondary transmission of superstations or network stations for private home viewing. The fee shall also be calculated to achieve the following objectives: "(i) To maximize the availability of creative works to the public. "(ii) To afford the copyright owner a fair return for his or her creative work and the copyright user a fair income under existing economic conditions. "(iii) To reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication. "(iv) To minimize any disruptive impact on the structure of the industries involved and on genersilly prevailing industry practices. "(E) REPORT TO COPYRIGHT ROYALTY TRIBUNAL.—Not later than 60 days after publication of the notice initiating an arbitration proceeding, the Arbitration Panel shall report to the Copyright Royalty Tribunal its determination concerning the royalty fee. Such report shall be accompanied by the written record, and shall set forth the facts that the Panel found relevant to its determination and the reasons why its determination is consistent with the criteria set forth in subparagraph (D). "(F) ACTION BY COPYRIGHT ROYALTY TRIBUNAL.—Within 60

days after receiving the report of the Arbitration Panel under subparagraph (E), the Copyright Royalty Tribunal shall adopt or reject the determination of the Panel. The Tribunal shall adopt the determination of the Panel unless the Tribunal finds that the determination is clearly inconsistent with the criteria set forth in subparagraph (D). If the Tribunal rejects the determination of the Panel, the Tribunal shall, before the end of that 60-day period, and after full examination of the record created in the arbitration proceeding, issue an order, consistent with the criteria set forth in subparagraph (D), setting the royalty fee under this paragraph. The Tribunal shall cause to be published in Federal the Federal Register the determination of the Panel, and Register, the decision of the Tribunal with respect to the determina- publication. tion (including any order issued under the preceding sentence). The Tribunal shall also publicize such determination and decision in such other manner as the Tribunal considers appropriate. The Tribunal shall also make the report of Public the Arbitration Panel and the accompanying record avail- information. able for public inspection and copying. "(G) PERIOD DURING WHICH DECISION OF PANEL OR ORDER OF TRIBUNAL EFFECTIVE.—The obligation to pay the royalty

fee established under a determination of the Arbitration Panel which is confirmed by the Copyright Royalty Tribu-

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