Page:United States Statutes at Large Volume 118.djvu/2371

 118 STAT. 2341 PUBLIC LAW 108–419—NOV. 30, 2004 Public Law 108–419 108th Congress An Act To amend title 17, United States Code, to replace copyright arbitration royalty panels with Copyright Royalty Judges, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Copyright Royalty and Distribu tion Reform Act of 2004’’. SEC. 2. REFERENCE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 17, United States Code. SEC. 3. COPYRIGHT ROYALTY JUDGE AND STAFF. (a) IN GENERAL.—Chapter 8 is amended to read as follows: ‘‘CHAPTER 8—PROCEEDINGS BY COPYRIGHT ROYALTY JUDGES ‘‘Sec. ‘‘801. Copyright Royalty Judges; appointment and functions. ‘‘802. Copyright Royalty Judgeships; staff. ‘‘803. Proceedings of Copyright Royalty Judges. ‘‘804. Institution of proceedings. ‘‘805. General rule for voluntarily negotiated agreements. ‘‘§ 801. Copyright Royalty Judges; appointment and functions ‘‘(a) APPOINTMENT.—The Librarian of Congress shall appoint 3 full time Copyright Royalty Judges, and shall appoint 1 of the 3 as the Chief Copyright Royalty Judge. The Librarian shall make appointments to such positions after consultation with the Register of Copyrights. ‘‘(b) FUNCTIONS.—Subject to the provisions of this chapter, the functions of the Copyright Royalty Judges shall be as follows: ‘‘(1) To make determinations and adjustments of reasonable terms and rates of royalty payments as provided in sections 112(e), 114, 115, 116, 118, 119 and 1004. The rates applicable under sections 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives: ‘‘(A) To maximize the availability of creative works to the public. 17 USC 101 note. Copyright Royalty and Distribution Reform Act of 2004. Nov. 30, 2004 [H.R. 1417]

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