Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fed/17ch8.asc

Text File | 1993-09-15 | 17KB | 329 lines

/* This section of the copyright code deals with how jukebox and
Tv cable royalties are apportioned among those who own songs and
Tv shows. Unless this is of interest to you, it may be safely
ignored. */

CHAPTER 8.  COPYRIGHT ROYALTY TRIBUNAL

Section
801. Copyright Royalty Tribunal:  Establishment and purpose
802. Membership of the Tribunal
803. Procedures of the Tribunal
804. Institution and conclusion of proceedings
805. Staff of the Tribunal
806. Administrative support of the Tribunal
807. Deduction of costs of proceedings
808. Reports
809. Effective date of final determinations
810. Judicial review

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S 801.  Copyright Royalty Tribunal:  Establishment and purpose

(a)  There is hereby created an independent Copyright Royalty
Tribunal in the legislative branch.

(b) Subject to the provisions of this chapter [17 USC SS 801  et
seq.], the purposes of the Tribunal shall be --

(1)  to make determinations concerning the adjustment of
reasonable copyright royalty rates as provided in sections 115
and 116 [17 USC SS 115 and 116], and to make determinations  as
to reasonable terms and rates of royalty  payments as  provided
in  section 118 [17 USC S  118]. The  rates applicable under
sections 115 and 116 [17 USC SS 15 and 116] shall be calculated
to achieve the  following objectives:

(A)  To maximize the availability of creative works  to the
public;

(B) To afford the copyright owner a fair return for his creative
work  and the copyright user  a  fair  income under existing
economic conditions;

(C)  To reflect the relative roles of the copyright owner and the
copyright user in the product made available to the public with
respect to relative creative contribution to the opening of new
markets for creative expression and media for their
communication;

(D) To minimize any disruptive impact on the structure of the
industries involved and on generally  prevailing industry
practices.

(2) to make determinations concerning the adjustment of the
copyright royalty rates in section 111 [17 USC S 111] solely in
accordance with the following provisions:

(A) The rates established by section 111(d)(2)(B)  [17 USC  S
111(d)(2)(B)] may be adjusted to reflect (i) national  monetary
inflation or deflation or  (ii) changes in the average rates
charged cable subscribers for the basic service of providing
secondary transmissions to maintain the real constant dollar
level of the royalty fee per subscriber which existed as  of the
date of enactment of this Act [enacted  Oct. 19, 1976]:
Provided, That if the average rates charged cable system
subscribers for the basic service of providing secondary
transmissions are changed so that the average rates exceed
national monetary  inflation, no change in the rates established
by section 111(d)(2)(B) [17 USC S 111(d)(2)(B)]  shall   be
permitted:   And provided further, That no increase in the
royalty fee shall be permitted based on any reduction in the
average number of distant signal equivalents per subscriber.  The
Commission may consider all factors relating to the maintenance
of such level of payments including, as an extenuating factor,
whether the cable industry has been restrained by subscriber rate
regulating authorities from increasing the rates for the basic
service of providing secondary  transmissions.

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(B) In the event that the rules and
regulations of the Federal  Communications Commission are
amended at any time after April 15, 1976, to permit the
carriage by cable systems of additional television broadcast
signals  beyond  the  local service area  of  the  primary
transmitters of such signals, the royalty rates  estab- lished by
section 111(d)(2)(B) [17 USC S 111(d)(2)(B)] may be adjusted to
insure that the rates for the  addi- tional  distant signal
equivalents resulting from  such carriage  are  reasonable in the
light of  the  changes effected   by   the  amendment  to   such
rules   and regulations.   In  determining  the  reasonableness
of rates proposed following an amendment of Federal Commu-
nications  Commission rules and regulations, the  Copy- right
Royalty  Tribunal shall  consider,  among  other factors,  the
economic impact on copyright  owners  and users:   Provided, That
no adjustment in royalty  rates shall be made under this
subclause with respect to  any distant   signal   equivalent   or
fraction   thereof represented  by  (i) carriage of any  signal
permitted under   the  rules  and  regulations  of  the   Federal
Communications Commission in effect on April 15,  1976, or the
carriage of a signal of the same type (that  is, independent,
network,  or  noncommercial  educational) substituted for such
permitted signal, or noncommercial educational) substituted for
such permitted signal,  or (ii) a television broadcast signal
first carried  after April 15, 1976, pursuant to an individual
waiver of the rules  and  regulations of the  Federal
Communications Commission,  as  such  rules and  regulations
were  in effect on April 15, 1976.

(C) In the event of any change
in the rules and regula- tions  of  the Federal Communications
Commission  with respect  to syndicated and sports  program
exclusivity after April 15, 1976, the rates established by
section 111(d)(2)(B)  [17 USC S 111(d)(2)(B)] may be  adjusted to
assure that such rates are reasonable in  light  of the changes
to such rules and regulations, but any such adjustment shall
apply only to the affected  television broadcast signals carried
on those systems affected  by the change. (D)  The  gross
receipts  limitations  established  by section  111(d)(2)(C) and
(D) [17 USC  S  111(d)(2)(C) and (D)] shall be adjusted to
reflect national monetary inflation or deflation or changes in
the average  rates charged cable system subscribers for the basic
service of  providing secondary transmissions to  maintain  the
real constant dollar value of the exemption provided by such
section; and the royalty rate  specified  therein shall not be
subject to adjustment; and (3)  to distribute royalty fees
deposited with the  Register of  Copyrights under section 111 and
116 [17 USC S 111  and 116],  and to determine, in cases where
controversy  exists, the distribution of such fees.

(c)  As soon as possible after the date of enactment of this  Act
[enacted  Oct. 19, 1976], and no later than six months  following
such  date, the President shall publish a notice  announcing  the
initial appointments provided in section 802 [17 USC S 802], and
shall  designate  an  order of  seniority  among  the  initially-
appointed commissioners for purposes of section 802(b) [17 USC S
802(b)].

S 802.  Membership of the Tribunal

(a) The Tribunal shall be composed of five commissioners appoint-
ed by the President with the advice and consent of the Senate for
a term of seven years each; of the first five members  appointed,
three shall be designated to serve for seven years from the  date
of  the notice specified in section 801 (c) [17 USC  S  801(c)],
and  two  shall be designated to serve for five years  from  such
date,  respectively.  Commissioners shall be compensated  at  the
highest  rate now or hereafter [enacted Oct. 19, 1976]  prescribe
[prescribed]  for grade 18 of the General Schedule pay  rates  (5
USC 5332) [5 USC S 5332].
(b) Upon convening the commissioners shall elect a chairman  from
among  the  commissioners appointed for a full  seven-year  term.
Such  chairman shall serve for a term of one  year.   Thereafter,
the  most  senior commissioner who has not previously  served  as
chairman shall serve as chairman for a period of one year, except
that,  if all commissioners have served a full term as  chairman,
the  most senior commissioner who has served the least number  of
terms as chairman shall be designated as chairman.

(c)  Any vacancy in the Tribunal shall not affect its powers  and
shall  be filled, for the unexpired term of the