Page:United States Statutes at Large Volume 118.djvu/2379

 118 STAT. 2349 PUBLIC LAW 108–419—NOV. 30, 2004 a written record, prior determinations and interpretations of the Copyright Royalty Tribunal, Librarian of Congress, the Register of Copyrights, and the Copyright Royalty Judges (to the extent those determinations are not inconsistent with a decision of the Register of Copyrights that was timely delivered to the Copyright Royalty Judges pursuant to section 802(f)(1) (A) or (B), or with a decision of the Register of Copyrights pursuant to section 802(f)(1)(D)), under this chapter, and decisions of the court of appeals under this chapter before, on, or after the effective date of the Copyright Royalty and Distribution Reform Act of 2004. ‘‘(2) JUDGES ACTING AS PANEL AND INDIVIDUALLY.—The Copyright Royalty Judges shall preside over hearings in pro ceedings under this chapter en banc. The Chief Copyright Roy alty Judge may designate a Copyright Royalty Judge to preside individually over such collateral and administrative pro ceedings, and over such proceedings under paragraphs (1) through (5) of subsection (b), as the Chief Judge considers appropriate. ‘‘(3) DETERMINATIONS.—Final determinations of the Copy right Royalty Judges in proceedings under this chapter shall be made by majority vote. A Copyright Royalty Judge dissenting from the majority on any determination under this chapter may issue his or her dissenting opinion, which shall be included with the determination. ‘‘(b) PROCEDURES.— ‘‘(1) INITIATION.— ‘‘(A) CALL FOR PETITIONS TO PARTICIPATE.—(i) The Copyright Royalty Judges shall cause to be published in the Federal Register notice of commencement of pro ceedings under this chapter, calling for the filing of peti tions to participate in a proceeding under this chapter for the purpose of making the relevant determination under section 111, 112, 114, 115, 116, 118, 119, 1004, or 1007, as the case may be— ‘‘(I) promptly upon a determination made under section 804(a); ‘‘(II) by no later than January 5 of a year specified in paragraph (2) of section 804(b) for the commence ment of proceedings; ‘‘(III) by no later than January 5 of a year specified in subparagraph (A) or (B) of paragraph (3) of section 804(b) for the commencement of proceedings, or as otherwise provided in subparagraph (A) or (C) of such paragraph for the commencement of proceedings; ‘‘(IV) as provided under section 804(b)(8); or ‘‘(V) by no later than January 5 of a year specified in any other provision of section 804(b) for the filing of petitions for the commencement of proceedings, if a petition has not been filed by that date. ‘‘(ii) Petitions to participate shall be filed by no later than 30 days after publication of notice of commencement of a proceeding under clause (i), except that the Copyright Royalty Judges may, for substantial good cause shown and if there is no prejudice to the participants that have already filed petitions, accept late petitions to participate at any time up to the date that is 90 days before the Federal Register, publication. Notices. Deadlines.

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