Page:United States Statutes at Large Volume 118.djvu/2396

 118 STAT. 2366 PUBLIC LAW 108–419—NOV. 30, 2004 (i) in the first sentence, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and (ii) by striking the second and third sentences; (B) in paragraph (2), by striking ‘‘Librarian of Con gress:’’ and all that follows through the end of the sentence and inserting ‘‘Librarian of Congress or the Copyright Roy alty Judges, if copies of such agreements are filed with the Copyright Royalty Judges within 30 days of execution in accordance with regulations that the Copyright Royalty Judges shall issue.’’; and (C) in paragraph (3)— (i) in the second sentence— (I) by striking ‘‘copyright arbitration royalty panel’’ and inserting ‘‘Copyright Royalty Judges’’; and (II) by striking ‘‘paragraph (2).’’ and inserting ‘‘paragraph (2) or (3).’’; (ii) in the last sentence, by striking ‘‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and (iii) by striking ‘‘(3) In’’ and all that follows through the end of the first sentence and inserting the fol lowing: ‘‘(3) Voluntary negotiation proceedings initiated pursuant to a petition filed under section 804(a) for the purpose of deter mining a schedule of terms and rates of royalty payments by public broadcasting entities to copyright owners in works specified by this subsection and the proportionate division of fees paid among various copyright owners shall cover the 5 year period beginning on January 1 of the second year following the year in which the petition is filed. The parties to each negotiation proceeding shall bear their own costs. ‘‘(4) In the absence of license agreements negotiated under paragraph (2) or (3), the Copyright Royalty Judges shall, pursu ant to chapter 8, conduct a proceeding to determine and publish in the Federal Register a schedule of rates and terms which, subject to paragraph (2), shall be binding on all owners of copyright in works specified by this subsection and public broad casting entities, regardless of whether such copyright owners have submitted proposals to the Copyright Royalty Judges.’’; (2) by striking subsection (c) and redesignating subsections (d) through (g) as subsections (c) through (f), respectively; (3) in subsection (c), as so redesignated, in the matter preceding paragraph (1)— (A) by striking ‘‘(b)(2)’’ and inserting ‘‘(b)(2) or (3)’’; (B) by striking ‘‘(b)(3)’’ and inserting ‘‘(b)(4)’’; and (C) by striking ‘‘a copyright arbitration royalty panel under subsection (b)(3)’’ and inserting ‘‘the Copyright Roy alty Judges under subsection (b)(3), to the extent that they were accepted by the Librarian of Congress’’; (4) in subsection (d), as so redesignated— (A) by striking ‘‘in the Copyright Office’’ and inserting ‘‘with the Copyright Royalty Judges’’; and (B) by striking ‘‘Register of Copyrights shall prescribe’’ and inserting ‘‘Copyright Royalty Judges shall prescribe as provided in section 803(b)(6)’’; and Federal Register, publication. Deadline.

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