Sec. 5. Chapter 8 proceedings of Copyright Royalty Judges; technical amendments
542 words·~2 min read·
/bill/113/hr/3219/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
8 proceedings of Copyright Royalty Judges; technical amendments Section 801(b) of title 17, United States Code, is amended— in paragraph (1)— by striking ; and 112(e), 114, by striking and inserting sections 114(f)(1)(B), 115, ; sections 115 in paragraph (3)(C), by striking and inserting 804(b)(8) ; 804(b)(7) in paragraph (7)(B), by striking ; 112(e)(5), 114(f)(3), by redesignating paragraph
(8)as paragraph (9); and by inserting after paragraph
(7)the following: To determine the rates and terms for transmissions under section 114(g) and reproductions under section 112(e). . Section 803 of title 17, United States Code, is amended— in subsection (b)(1)(A)(i)— by striking subclauses
(II)and (III); in subclause (IV), by striking and inserting 804(b)(8) ; and 804(b)(7) by redesignating subclauses
(IV)and
(V)as subclauses
(II)and (III), respectively; and in subsection (c)(2)(E)(i), by striking and all that follows through on a specified date, then— and inserting as of the date of that determination. . on a specified date, then the initial determination of the Copyright Royalty Judges that is the subject of the rehearing motion shall be effective as of the day following the date on which the rates and terms that were previously in effect expire. Section 803(d)(2)(C)(ii) of title 17, United States Code, is amended by striking and inserting by the Copyright Royalty Judges . under section 114(e)(2) or 112(e), or, in any other case, by the Copyright Royalty Judges, Section 804 of title 17, United States Code, is amended— in subsection (a)— in the first sentence, by striking ; and 112, 114, by striking the last sentence; and in subsection (b)— by striking paragraph (2); by striking paragraph
(3)and inserting the following: Proceedings under this chapter to determine terms and rates of royalty payments under section 114(g) or 112(e) may be commenced only pursuant to petitions filed after the end of the 6-month period beginning on the effective date of the Free Market Royalty Act. Thereafter, proceedings described in the preceding sentence may be commenced only pursuant to a petition filed at any time within 1 year after negotiated licenses authorized by section 114 or 112(e) (as the case may be) expire and are not replaced by subsequent agreements. For purposes of proceedings to determine terms and rates under this paragraph, the Copyright Royalty Judges shall make a determination as to whether the petitioner has a significant interest in the terms and rates in which a determination by the Judges is requested. If the Copyright Royalty Judges determine that the petitioner has such a significant interest, the Copyright Royalty Judges shall cause notice of this determination, with the reasons for such determination, to be published in the Federal Register, together with the notice of commencement of proceedings under this chapter. ; and by redesignating paragraphs
(4)through
(8)as paragraphs
(3)through (7), respectively. Section 114 of title 17, United States Code, is amended as follows: Subsection
(a)is amended by striking and inserting clauses . paragraphs Subsection
(b)is amended— by striking each place it appears and inserting clause ; paragraph by striking each place it appears and inserting clauses ; and paragraphs by striking and inserting section 397 of title 47 . section 397 of the Communications Act of 1934 ( 47 U.S.C. 397 )
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 5
Chapter 8 proceedings of Copyright Royalty Judges; technical amendments
Cites 1Cited by 0 across 0 sources