Page:United States Statutes at Large Volume 118.djvu/2397

 118 STAT. 2367 PUBLIC LAW 108–419—NOV. 30, 2004 (5) in subsection (f), as so redesignated, by striking ‘‘(d)’’ and inserting ‘‘(c)’’. (g) SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS.—Sec tion 119(b) is amended— (1) in paragraph (3), by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright 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’’; and (B) by amending subparagraphs (B) and (C) to read as follows: ‘‘(B) DETERMINATION OF CONTROVERSY; DISTRIBU TIONS.—After the first day of August of each year, the Copyright Royalty Judges shall determine whether there exists a controversy concerning the distribution of royalty fees. If the Copyright Royalty Judges determine that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents. If the Copyright Royalty Judges find the existence of a controversy, the Copyright Royalty Judges shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty fees. ‘‘(C) WITHHOLDING OF FEES DURING CONTROVERSY.— During the pendency of any proceeding under this sub section, the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have the discretion to proceed to distribute any amounts that are not in controversy.’’. (h) RATEMAKING FOR SATELLITE CARRIERS.—Section 119(c) of title 17, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (B), by striking ‘‘Librarian of Con gress’’ and inserting ‘‘Copyright Royalty Judges’’; and (B) in subparagraph (C), by striking ‘‘Register of Copy rights shall prescribe’’ and inserting ‘‘Copyright Royalty Judges shall prescribe as provided in section 803(b)(6); and (2) in paragraph (3)— (A) in subparagraph (A)— (i) by striking ‘‘arbitration proceedings’’ and inserting ‘‘proceedings’’; and (ii) by striking ‘‘arbitration proceeding’’ and inserting ‘‘proceedings’’; (B) in subparagraph (B)— (i) by striking ‘‘copyright arbitration royalty panel appointed under chapter 8’’ and inserting ‘‘Copyright Royalty Judges’’; and (ii) by striking ‘‘panel shall base its decision’’ and inserting ‘‘Copyright Royalty Judges shall base their determination’’; and (C) in subparagraph (C)—

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