Editorial Notes
References in Text

The effective date of the Copyright Royalty and Distribution Reform Act of 2004, referred to in subsecs. (a)(1) and (b)(6)(B), (C)(viii), is the effective date of Pub. L. 108–419, which is 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title.

The enactment of the Copyright Royalty and Distribution Reform Act of 2004 and such date of enactment, referred to in subsec. (b)(6)(A), (B), probably mean the date of enactment of Pub. L. 108–419, which was approved Nov. 30, 2004.

Section 307 of the Legislative Branch Appropriations Act, 1994, referred to in subsec. (e)(2), is section 307 of Pub. L. 103–69, which was formerly set out as a note under section 60–1 of Title 2, The Congress.

Prior Provisions

A prior section 803, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2597, § 804; Pub. L. 100–568, § 11(2), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 100–667, title II, § 202(5), Nov. 16, 1988, 102 Stat. 3958; Pub. L. 101–318, § 3(c), July 3, 1990, 104 Stat. 288; Pub. L. 102–563, § 3(a)(2), Oct. 28, 1992, 106 Stat. 4248; renumbered § 803 and amended Pub. L. 103–198, § 2(d), Dec. 17, 1993, 107 Stat. 2307; Pub. L. 104–39, § 5(d)(5)–(7), Nov. 1, 1995, 109 Stat. 349; Pub. L. 105–80, § 12(a)(20), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 105–304, title IV, § 405(e)(5), (6), Oct. 28, 1998, 112 Stat. 2902, related to institution and conclusion of proceedings of copyright arbitration royalty panels, prior to the general amendment of this chapter by Pub. L. 108–419.

Another prior section 803, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2596, related to procedures of the Copyright Royalty Tribunal, prior to repeal by Pub. L. 103–198, § 2(c), Dec. 17, 1993, 107 Stat. 2307.

Amendments

2019—Subsec. (e)(1)(A). Pub. L. 116–94 struck out “3” before “staff members”.

2018—Subsec. (c)(2)(E)(i)(II). Pub. L. 115–264 struck out “or 114(f)(2)(C)” after “under section 114(f)(1)(C)” and substituted “114(f)(3)(B)” for “114(f)(4)(B)”.

2010—Subsec. (b)(6)(A). Pub. L. 111–295 substituted “All regulations issued by the Copyright Royalty Judges are subject to the approval of the Librarian of Congress and are subject to judicial review pursuant to chapter 7 of title 5, except as set forth in subsection (d).” for “All regulations issued by the Copyright Royalty Judges are subject to the approval of the Librarian of Congress.”

2006—Subsec. (a)(1). Pub. L. 109–303, § 3(5), substituted “The Copyright Royalty Judges shall act in accordance with this title, and to the extent not inconsistent with this title, in accordance with subchapter II of chapter 5 of title 5, in carrying out the purposes set forth in section 801. The Copyright” for “The Copyright” and inserted “copyright arbitration royalty panels (to the extent those determinations are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights),” after “Congress, the Register of Copyrights,”.

Subsec. (b)(1)(A)(i)(V). Pub. L. 109–303, § 3(6)(A), substituted “the publication of notice requirement shall not apply in the case of” for “in the case of” and struck out “, such notice may not be published.” at end.

Subsec. (b)(2). Pub. L. 109–303, § 3(6)(B), struck out “, together with a filing fee of $150” before semicolon at end of subpar. (A) and added subpar. (D).

Subsec. (b)(3)(A). Pub. L. 109–303, § 3(6)(C), substituted “Commencement of proceedings” for “In general” in heading, designated existing provisions as cl. (i), inserted cl. (i) heading, and added cl. (ii).

Subsec. (b)(4)(A). Pub. L. 109–303, § 3(6)(D), struck out last sentence which read as follows: “The participant asserting the claim shall not be required to pay the filing fee under paragraph (2).”

Subsec. (b)(6)(C)(i). Pub. L. 109–303, § 3(6)(E)(i), inserted “and written rebuttal statements” after “written direct statements” and substituted “which, in the case of written direct statements, may” for “which may” and “clause (iv)” for “clause (iii)”.

Subsec. (b)(6)(C)(ii)(I). Pub. L. 109–303, § 3(6)(E)(ii), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “Following the submission to the Copyright Royalty Judges of written direct statements by the participants in a proceeding under paragraph (2), the judges shall meet with the participants for the purpose of setting a schedule for conducting and completing discovery. Such schedule shall be determined by the Copyright Royalty Judges.”

Subsec. (b)(6)(C)(iv). Pub. L. 109–303, § 3(6)(E)(iii), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “Discovery in such proceedings shall be permitted for a period of 60 days, except for discovery ordered by the Copyright Royalty Judges in connection with the resolution of motions, orders, and disputes pending at the end of such period.”

Subsec. (b)(6)(C)(x). Pub. L. 109–303, § 3(6)(E)(iv), amended cl. (x) generally. Prior to amendment, cl. (x) read as follows: “The Copyright Royalty Judges shall order a settlement conference among the participants in the proceeding to facilitate the presentation of offers of settlement among the participants. The settlement conference shall be held during a 21-day period following the end of the discovery period and shall take place outside the presence of the Copyright Royalty Judges.”

Subsec. (c)(2)(B). Pub. L. 109–303, § 3(7), struck out “concerning rates and terms” before period at end.

Subsec. (c)(4). Pub. L. 109–303, § 3(8), struck out “, with the approval of the Register of Copyrights,” before “issue an amendment”.

Subsec. (c)(7). Pub. L. 109–303, § 3(9), substituted “of the Copyright” for “of Copyright”.

Subsec. (d)(2)(C)(i)(I). Pub. L. 109–303, § 3(10), substituted “applicable statements of account and reports of use” for “statements of account and any report of use”.

Subsec. (d)(3). Pub. L. 109–303, § 3(11), substituted “Section 706 of title 5 shall apply with respect to review by the court of appeals under this subsection. If the court modifies” for “If the court, pursuant to section 706 of title 5, modifies”.

2004—Subsec. (b)(1)(A)(i)(V). Pub. L. 108–447 inserted “, except that in the case of proceedings under section 111 that are scheduled to commence in 2005, such notice may not be published.” before period at end.

Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment

Amendment by Pub. L. 116–94 effective with respect to fiscal year 2020 and each fiscal year thereafter, see section 1405(b) of Pub. L. 116–94, set out as a note under section 802 of this title.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108–419, see section 6 of Pub. L. 109–303, set out as a note under section 111 of this title.