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

WordStar Document | 1993-08-16 | 17KB | 329 lines

/* R FRINGE COMMENTARY: This section of the copyright code deals
with how jukebox and Tv cable royalties are approtioned 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

                                 ______________

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 determina-
tions  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  115  and
116]  shall  be calculated to achieve the  following  objec-
tives:
(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
ΦUSC  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  reduc-
tion  in the average number of distant  signal  equiva-
lents 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  transmis-
sions.
(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  sig-
nals  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
Φ(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].
Φ
(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,
t