2011 US Code
Title 17 - Copyrights
Chapter 8 - PROCEEDINGS BY COPYRIGHT ROYALTY JUDGES (§§ 801 - 805)
Section 804 - Institution of proceedings
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 17 - COPYRIGHTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 17 - COPYRIGHTS CHAPTER 8 - PROCEEDINGS BY COPYRIGHT ROYALTY JUDGES Sec. 804 - Institution of proceedings |
Contains | section 804 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 108-419, §3(a), Nov. 30, 2004, 118 Stat. 2357; amended Pub. L. 109-303, §3(12), (13), Oct. 6, 2006, 120 Stat. 1481; Pub. L. 111-175, title I, §104(f), May 27, 2010, 124 Stat. 1238. |
Statutes at Large References | 118 Stat. 2357 120 Stat. 1481 124 Stat. 1238 |
Public Law References | Public Law 108-419, Public Law 109-303, Public Law 111-175 |
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(a)
(b)
(1)
(B) In order to initiate proceedings under section 801(b)(2) concerning the adjustment of royalty rates under section 111 to which subparagraph (B) or (C) of section 801(b)(2) applies, within 12 months after an event described in either of those subsections, any owner or user of a copyrighted work whose royalty rates are specified by section 111, or by a rate established under this chapter before or after the enactment of the Copyright Royalty and Distribution Reform Act of 2004, may file a petition with the Copyright Royalty Judges declaring that the petitioner requests an adjustment of the rate. The Copyright Royalty Judges shall then proceed as set forth in subsection (a) of this section. Any change in royalty rates made under this chapter pursuant to this subparagraph may be reconsidered in the year 2015, and each fifth calendar year thereafter, in accordance with the provisions in section 801(b)(2)(B) or (C), as the case may be. A petition for adjustment of rates established by section 111(d)(1)(B) as a result of a change in the rules and regulations of the Federal Communications Commission shall set forth the change on which the petition is based.
(C) Any adjustment of royalty rates under section 111 shall take effect as of the first accounting period commencing after the publication of the determination of the Copyright Royalty Judges in the Federal Register, or on such other date as is specified in that determination.
(2)
(3)
(A)
(B)
(C)(i) Notwithstanding any other provision of this chapter, this subparagraph shall govern proceedings commenced pursuant to section 114(f)(1)(C) and 114(f)(2)(C) concerning new types of services.
(ii) Not later than 30 days after a petition to determine rates and terms for a new type of service is filed by any copyright owner of sound recordings, or such new type of service, indicating that such new type of service is or is about to become operational, the Copyright Royalty Judges shall issue a notice for a proceeding to determine rates and terms for such service.
(iii) The proceeding shall follow the schedule set forth in subsections (b), (c), and (d) of section 803, except that—
(I) the determination shall be issued by not later than 24 months after the publication of the notice under clause (ii); and
(II) the decision shall take effect as provided in subsections (c)(2) and (d)(2) of section 803 and section 114(f)(4)(B)(ii) and (C).
(iv) The rates and terms shall remain in effect for the period set forth in section 114(f)(1)(C) or 114(f)(2)(C), as the case may be.
(4)
(5)
(B) If a negotiated license authorized by section 116 is terminated or expires and is not replaced by another such license agreement which provides permission to use a quantity of musical works not substantially smaller than the quantity of such works performed on coin-operated phonorecord players during the 1-year period ending March 1, 1989, the Copyright Royalty Judges shall, upon petition filed under paragraph (1) within 1 year after such termination or expiration, commence a proceeding to promptly establish an interim royalty rate or rates for the public performance by means of a coin-operated phonorecord player of nondramatic musical works embodied in phonorecords which had been subject to the terminated or expired negotiated license agreement. Such rate or rates shall be the same as the last such rate or rates and shall remain in force until the conclusion of proceedings by the Copyright Royalty Judges, in accordance with section 803, to adjust the royalty rates applicable to such works, or until superseded by a new negotiated license agreement, as provided in section 116(b).
(6)
(7)
(8)
(Added Pub. L. 108–419, §3(a), Nov. 30, 2004, 118 Stat. 2357; amended Pub. L. 109–303, §3(12), (13), Oct. 6, 2006, 120 Stat. 1481; Pub. L. 111–175, title I, §104(f), May 27, 2010, 124 Stat. 1238.)
References in TextThe enactment of and the date of enactment of the Copyright Royalty and Distribution Reform Act of 2004, referred to in subsecs. (a) and (b)(1)(B), (3)(A), mean the date of enactment of Pub. L. 108–419, which was approved Nov. 30, 2004.
Prior ProvisionsA prior section 804 was renumbered section 803 of this title prior to the general amendment of this chapter by Pub. L. 108–419.
Amendments2010—Subsec. (b)(1)(A), (B). Pub. L. 111–175 substituted “2015” for “2005”.
2006—Subsec. (b)(1)(B). Pub. L. 109–303, §3(12), substituted “801(b)(2)(B) or (C)” for “801(b)(3)(B) or (C)” and “change in” for “change is”.
Subsec. (b)(3)(A). Pub. L. 109–303, §3(13)(A), substituted “date of enactment” for “effective date”.
Subsec. (b)(3)(C)(ii). Pub. L. 109–303, §3(13)(B)(i), substituted “is filed” for “that is filed”.
Subsec. (b)(3)(C)(iii). Pub. L. 109–303, §3(13)(B)(ii), substituted “subsections (b)” for “such subsections (b)”.
Effective Date of 2010 AmendmentAmendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of this title.
Effective Date of 2006 AmendmentAmendment 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.
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