Page:United States Statutes at Large Volume 106 Part 5.djvu/609

 PUBLIC:LAW 102-563—OCT. 28, 1992 106 STAT. 4247 shall, on application of one of the parties to the arbitration, be stayed until completion of the arbitration proceeding. "(d) ARBITRATION PROCEEDING.— The Arbitration Panel shall conduct an arbitration proceeding with respect to the matter concerned, in accordance with such procedures as it may adopt. The Panel shall act on the basis of a fully documented written record. Any party to the arbitration may submit relevant information and proposals to the Panel. The parties to the proceeding shall bear the entire cost thereof in such manner and proportion as the Panel shall direct. "(e) REPORT TO COI'YRIGHT ROYALTY TRiBUNAL.Not later than 60 days after publication of the notice under subsection (b) of the initiation of an arbitration proceeding, the Arbitration Panel shall report to the Copyright Royalty Tribunal its determination concerning whether the device concerned is subject to section 1002, or the basis on which royalty payments for the device are to be made under section 1003. Such report shall be accompanied by the written record, and shall set forth the facts that the Panel found relevant to its determination. " (f) ACTION BY THE COPYRIGHT ROYALTY TRIBUNAL. —Within 60 days after receiving the report of the Arbitration Panel under subsection (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 erroneous. 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 setting forth its decision and the reasons therefor. The Tribunal shall cause to be published Federal in the Federal Register the determination of the Panel and the ^bliration decision of the Tribunal under this subsection with respect to the determination (including any order issued under the preceding sentence). "(g) JUDICIAL REVIEW.— Any decision of the Copyright Royalty Tribunal under subsection (f) with respect to a determination of the Arbitration Panel may be appealed, by a party to the arbitration, to the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the publication of the decision in the Federal Register. The pendency of an appeal under this subsection shall not stay the Tribunal's decision. The court shall have jurisdiction to modify or vacate a decision of the Tribunal only if it finds, on the basis of the record before the Tribunal, that the Arbitration Panel or the Tribunal acted in an arbitrary manner. If the court modifies the decision of the Tribunal, the court shall have jurisdiction to enter its own decision in accordance with its final judgment. The court may further vacate the decision of the Tribunal and remand the case for arbitration proceedings as provided in this section.". SEC. 3. TECHNICAL AMENDMENTS. (a) FUNCTIONS OF REGISTER.—Chapter 8 of title 17, United States Code is amended— (1) in section 801(b)— (A) by striking "and" at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting "; and"; and 59-194 0-93 20:QL3(Pt. 5)

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