Page:United States Statutes at Large Volume 118.djvu/2391

 118 STAT. 2361 PUBLIC LAW 108–419—NOV. 30, 2004 ‘‘(3) are in effect for a period shorter than would otherwise apply under a determination pursuant to this chapter, shall remain in effect for such period of time as would otherwise apply under such determination, except that the Copyright Royalty Judges shall adjust the rates pursuant to the voluntary negotiations to reflect national monetary inflation during the additional period the rates remain in effect.’’. (b) CONFORMING AMENDMENT.—The table of chapters for title 17, United States Code, is amended by striking the item relating to chapter 8 and inserting the following: ‘‘8. Proceedings by Copyright Royalty Judges ............................................ 801’’. SEC. 4. DEFINITION. Section 101 is amended by inserting after the definition of ‘‘copies’’ the following: ‘‘A ‘Copyright Royalty Judge’ is a Copyright Royalty Judge appointed under section 802 of this title, and includes any individual serving as an interim Copyright Royalty Judge under such section.’’. SEC. 5. TECHNICAL AMENDMENTS. (a) CABLE RATES.—Section 111(d) is amended— (1) in paragraph (2), in the second sentence, by striking ‘‘a copyright arbitration royalty panel’’ and inserting ‘‘the Copy right Royalty Judges.’’; and (2) in paragraph (4)— (A) in subparagraph (A), by striking ‘‘Librarian of Con gress’’ each place it appears and inserting ‘‘Copyright Roy alty Judges’’; (B) in subparagraph (B)— (i) in the first sentence, by striking ‘‘Librarian of Congress shall, upon the recommendation of the Register of Copyrights,’’ and inserting ‘‘Copyright Roy alty Judges shall’’; (ii) in the second sentence, by striking ‘‘Librarian determines’’ and inserting ‘‘Copyright Royalty Judges determine’’; and (iii) in the third sentence— (I) by striking ‘‘Librarian’’ each place it appears and inserting ‘‘Copyright Royalty Judges’’; and (II) by striking ‘‘convene a copyright arbitra tion royalty panel’’ and inserting ‘‘conduct a pro ceeding’’; and (C) in subparagraph (C), by striking ‘‘Librarian of Con gress’’ and inserting ‘‘Copyright Royalty Judges’’. (b) EPHEMERAL RECORDINGS.—Section 112(e) is amended— (1) in paragraph (3)— (A) by amending the first sentence to read as follows: ‘‘Proceedings under chapter 8 shall determine reasonable rates and terms of royalty payments for the activities speci fied by paragraph (1) during the 5 year period beginning on January 1 of the second year following the year in which the proceedings are to be commenced, or such other period as the parties may agree.’’; (B) in the third sentence, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and

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