2013 US Code
Title 17 - Copyrights
Chapter 10 - DIGITAL AUDIO RECORDING DEVICES AND MEDIA (§§ 1001 - 1010)
Subchapter C - ROYALTY PAYMENTS (§§ 1003 - 1007)
Section 1004 - Royalty payments
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 17 - COPYRIGHTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 17 - COPYRIGHTS CHAPTER 10 - DIGITAL AUDIO RECORDING DEVICES AND MEDIA SUBCHAPTER C - ROYALTY PAYMENTS Sec. 1004 - Royalty payments |
Contains | section 1004 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 102-563, §2, Oct. 28, 1992, 106 Stat. 4241; amended Pub. L. 103-198, §6(b)(1), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 108-419, §5(i)(1), Nov. 30, 2004, 118 Stat. 2368. |
Statutes at Large References | 106 Stat. 4241 107 Stat. 2312 118 Stat. 2368 |
Public Law References | Public Law 102-563, Public Law 103-198, Public Law 108-419 |
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(a)
(1)
(2)
(A) If the digital audio recording device and such other devices are part of a physically integrated unit, the royalty payment shall be based on the transfer price of the unit, but shall be reduced by any royalty payment made on any digital audio recording device included within the unit that was not first distributed in combination with the unit.
(B) If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have been distributed separately at any time during the preceding 4 calendar quarters, the royalty payment shall be based on the average transfer price of such devices during those 4 quarters.
(C) If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have not been distributed separately at any time during the preceding 4 calendar quarters, the royalty payment shall be based on a constructed price reflecting the proportional value of such device to the combination as a whole.
(3)
(b)
(Added Pub. L. 102–563, §2, Oct. 28, 1992, 106 Stat. 4241; amended Pub. L. 103–198, §6(b)(1), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 108–419, §5(i)(1), Nov. 30, 2004, 118 Stat. 2368.)
REFERENCES IN TEXTThe effective date of this chapter, referred to in subsec. (a)(3), is Oct. 28, 1992. See Effective Date note set out under section 1001 of this title.
AMENDMENTS2004—Subsec. (a)(3). Pub. L. 108–419 substituted "Copyright Royalty Judges" for "Librarian of Congress" in two places.
1993—Subsec. (a)(3). Pub. L. 103–198 substituted "Librarian of Congress" for "Copyright Royalty Tribunal" after "may petition the" and for "Tribunal" before "shall prospectively".
EFFECTIVE DATE OF 2004 AMENDMENTAmendment by Pub. L. 108–419 effective 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.
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