Page:United States Statutes at Large Volume 120.djvu/1514

 PUBLIC LAW 109–303—OCT. 6, 2006

120 STAT. 1483

(B) by amending subparagraph (C) to read as follows: ‘‘(C) WITHHOLDING OF FEES DURING CONTROVERSY.— During the pendency of any proceeding under this subsection, the Copyright Royalty Judges shall have the discretion to authorize the Librarian of Congress to proceed to distribute any amounts that are not in controversy.’’; and (2) in subsection (c)(1)(F)(i), in the last sentence, by striking ‘‘arbitrary’’ and inserting ‘‘arbitration’’. (f) DIGITAL AUDIO RECORDING DEVICES.—Section 1007 of title 17, United States Code, is amended— (1) in subsection (b)— (A) in the second sentence, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and (B) in the last sentence, by striking ‘‘by the Librarian’’; and (2) in subsection (c), in the last sentence, by striking ‘‘by the Librarian’’. (g) REMOVAL OF INCONSISTENT PROVISIONS.—The amendments contained in subsection (h) of section 5 of the Copyright Royalty and Distribution Reform Act of 2004 shall be deemed never to have been enacted. (h) EFFECTIVE DATE.—Section 6(b)(1) of the Copyright Royalty and Distribution Reform Act of 2004 (Public Law 108–419) is amended by striking ‘‘commenced before the date of enactment of this Act’’ and inserting ‘‘commenced before the effective date provided in subsection (a)’’.

17 USC 119 and note.

17 USC 801 note.

SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES.

Section 801(b)(3)(C) of title 17, United States Code, is amended— (1) by striking all that precedes clause (i) and inserting the following: ‘‘(C) Notwithstanding section 804(b)(8), the Copyright Royalty Judges, at any time after the filing of claims under section 111, 119, or 1007, may, upon motion of one or more of the claimants and after publication in the Federal Register of a request for responses to the motion from interested claimants, make a partial distribution of such fees, if, based upon all responses received during the 30-day period beginning on the date of such publication, the Copyright Royalty Judges conclude that no claimant entitled to receive such fees has stated a reasonable objection to the partial distribution, and all such claimants—’’; and (2) in clause (i), by striking ‘‘such’’ and inserting ‘‘the’’. SEC. 6. EFFECTIVE DATE.

17 USC 111 note.

(a) IN GENERAL.—Except as provided under subsection (b), this Act and the amendments made by this Act shall be effective as if included in the Copyright Royalty and Distribution Reform Act of 2004.

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