As
used in this chapter, the following terms have the following meanings:
(1)
A “digital audio copied recording” is a reproduction in a digital recording
format of a digital musical recording, whether that reproduction is made directly
from another digital musical recording or indirectly from a transmission.
(2)
A “digital audio interface device” is any machine or device that is
designed specifically to communicate digital audio information and related interface
data to a digital audio recording device through a nonprofessional interface.
(3)
A “digital audio recording device” is any machine or device of a type
commonly distributed to individuals for use by individuals, whether or not included
with or as part of some other machine or device, the digital recording function
of which is designed or marketed for the primary purpose of, and that is capable
of, making a digital audio copied recording for private use, except for —
(A)
professional model products, and
(B) dictation machines,
answering machines, and other audio recording equipment that is designed and marketed
primarily for the creation of sound recordings resulting from the fixation of
nonmusical sounds.
(4)(A) A “digital audio recording
medium” is any material object in a form commonly distributed for use by
individuals, that is primarily marketed or most commonly used by consumers for
the purpose of making digital audio copied recordings by use of a digital audio
recording device.
(B) Such term does not include any
material object —
(i) that embodies a sound recording
at the time it is first distributed by the importer or manufacturer; or
(ii)
that is primarily marketed and most commonly used by consumers either for the
purpose of making copies of motion pictures or other audiovisual works or for
the purpose of making copies of nonmusical literary works, including computer
programs or data bases.
(5)(A) A “digital musical
recording” is a material object —
(i) in which are
fixed, in a digital recording format, only sounds, and material, statements, or
instructions incidental to those fixed sounds, if any, and
(ii)
from which the sounds and material can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or device.
(B)
A “digital musical recording” does not include a material object —
(i)
in which the fixed sounds consist entirely of spoken word recordings, or
(ii)
in which one or more computer programs are fixed, except that a digital musical
recording may contain statements or instructions constituting the fixed sounds
and incidental material, and statements or instructions to be used directly or
indirectly in order to bring about the perception, reproduction, or communication
of the fixed sounds and incidental material.
(C) For
purposes of this paragraph —
(i) a “spoken word
recording” is a sound recording in which are fixed only a series of spoken
words, except that the spoken words may be accompanied by incidental musical or
other sounds, and
(ii) the term “incidental”
means related to and relatively minor by comparison.
(6) “Distribute” means to sell, lease, or assign a product to consumers
in the United States, or to sell, lease, or assign a product in the United States
for ultimate transfer to consumers in the United States.
(7)
An “interested copyright party” is —
(A) the
owner of the exclusive right under section 106(1) of this title to reproduce a
sound recording of a musical work that has been embodied in a digital musical
recording or analog musical recording lawfully made under this title that has
been distributed;
(B) the legal or beneficial owner of,
or the person that controls, the right to reproduce in a digital musical recording
or analog musical recording a musical work that has been embodied in a digital
musical recording or analog musical recording lawfully made under this title that
has been distributed;
(C) a featured recording artist
who performs on a sound recording that has been distributed; or
(D)
any association or other organization —
(i) representing
persons specified in subparagraph (A), (B), or (C), or
(ii)
engaged in licensing rights in musical works to music users on behalf of writers
and publishers.
(8) To “manufacture” means
to produce or assemble a product in the United States. A “manufacturer”
is a person who manufactures.
(9) A “music publisher”
is a person that is authorized to license the reproduction of a particular musical
work in a sound recording.
(10) A “professional
model product” is an audio recording device that is designed, manufactured,
marketed, and intended for use by recording professionals in the ordinary course
of a lawful business, in accordance with such requirements as the Secretary of
Commerce shall establish by regulation.
(11) The term “serial copying” means the duplication in a digital format of a copyrighted
musical work or sound recording from a digital reproduction of a digital musical
recording. The term “digital reproduction of a digital musical recording”
does not include a digital musical recording as distributed, by authority of the
copyright owner, for ultimate sale to consumers.
(12)
The “transfer price” of a digital audio recording device or a digital
audio recording medium —
(A) is, subject to subparagraph
(B) —
(i) in the case of an imported product, the actual
entered value at United States Customs (exclusive of any freight, insurance, and
applicable duty), and
(ii) in the case of a domestic
product, the manufacturer's transfer price (FOB the manufacturer, and exclusive
of any direct sales taxes or excise taxes incurred in connection with the sale);
and
(B) shall, in a case in which the transferor and
transferee are related entities or within a single entity, not be less than a
reasonable arms-length price under the principles of the regulations adopted pursuant
to section 482 of the Internal Revenue Code of 1986, or any successor provision
to such section.
(13) A “writer” is the composer
or lyricist of a particular musical work.
(a) Prohibition on Importation,
Manufacture, and Distribution. — No person shall import, manufacture,
or distribute any digital audio recording device or digital audio interface
device that does not conform to —
(1) the Serial Copy Management System;
(2)
a system that has the same functional characteristics as the Serial Copy Management
System and requires that copyright and generation status information be accurately
sent, received, and acted upon between devices using the system's method of serial
copying regulation and devices using the Serial Copy Management System; or
(3)
any other system certified by the Secretary of Commerce as prohibiting unauthorized
serial copying.
(b) Development of Verification
Procedure. — The Secretary of Commerce shall establish a procedure to
verify, upon the petition of an interested party, that a system meets the
standards set forth in subsection (a)(2).
(c) Prohibition on Circumvention
of the System. — No person shall import, manufacture, or distribute any
device, or offer or perform any service, the primary purpose or effect of
which is to avoid, bypass, remove, deactivate, or otherwise circumvent any
program or circuit which implements, in whole or in part, a system described
in subsection (a).
(d) Encoding of Information on
Digital Musical Recordings. —
(1) Prohibition on encoding inaccurate
information. — No person shall encode a digital musical recording of
a sound recording with inaccurate information relating to the category code,
copyright status, or generation status of the source material for the recording.
(2) Encoding of copyright status
not required. — Nothing in this chapter requires any person engaged in
the importation or manufacture of digital musical recordings to encode any
such digital musical recording with respect to its copyright status.
(e) Information Accompanying
Transmission in Digital Format. — Any person who transmits or otherwise
communicates to the public any sound recording in digital format is not required
under this chapter to transmit or otherwise communicate the information relating
to the copyright status of the sound recording. Any such person who does transmit
or otherwise communicate such copyright status information shall transmit
or communicate such information accurately.
(a) Prohibition on Importation
and Manufacture. — No person shall import into and distribute, or manufacture
and distribute, any digital audio recording device or digital audio recording
medium unless such person records the notice specified by this section and
subsequently deposits the statements of account and applicable royalty payments
for such device or medium specified in section
1004.
(b) Filing of Notice. — The
importer or manufacturer of any digital audio recording device or digital
audio recording medium, within a product category or utilizing a technology
with respect to which such manufacturer or importer has not previously filed
a notice under this subsection, shall file with the Register of Copyrights
a notice with respect to such device or medium, in such form and content as
the Register shall prescribe by regulation.
(c) Filing of Quarterly and Annual
Statements of Account. —
(1) Generally. — Any importer
or manufacturer that distributes any digital audio recording device or digital
audio recording medium that it manufactured or imported shall file with the
Register of Copyrights, in such form and content as the Register shall prescribe
by regulation, such quarterly and annual statements of account with respect
to such distribution as the Register shall prescribe by regulation.
(2) Certification, verification,
and confidentiality. — Each such statement shall be certified as accurate
by an authorized officer or principal of the importer or manufacturer. The
Register shall issue regulations to provide for the verification and audit
of such statements and to protect the confidentiality of the information contained
in such statements. Such regulations shall provide for the disclosure, in
confidence, of such statements to interested copyright parties.
(3) Royalty payments. — Each
such statement shall be accompanied by the royalty payments specified in section
1004.
(1) Amount of payment. — The
royalty payment due under section 1003 for
each digital audio recording device imported into and distributed in the United
States, or manufactured and distributed in the United States, shall be 2 percent
of the transfer price. Only the first person to manufacture and distribute
or import and distribute such device shall be required to pay the royalty
with respect to such device.
(2) Calculation for devices distributed
with other devices. — With respect to a digital audio recording device
first distributed in combination with one or more devices, either as a physically
integrated unit or as separate components, the royalty payment shall be calculated
as follows:
(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) Limits on royalties. — Notwithstanding
paragraph (1) or (2), the amount of the royalty payment for each digital audio
recording device shall not be less than $1 nor more than the royalty maximum.
The royalty maximum shall be $8 per device, except that in the case of a physically
integrated unit containing more than 1 digital audio recording device, the
royalty maximum for such unit shall be $12. During the 6th year after the
effective date of this chapter, and not more than once each year thereafter,
any interested copyright party may petition the Librarian of Congress to increase
the royalty maximum and, if more than 20 percent of the royalty payments are
at the relevant royalty maximum, the Librarian of Congress shall prospectively
increase such royalty maximum with the goal of having no more than 10 percent
of such payments at the new royalty maximum; however the amount of any such
increase as a percentage of the royalty maximum shall in no event exceed the
percentage increase in the Consumer Price Index during the period under review.
(b) Digital Audio Recording Media. — The royalty
payment due under section 1003 for each digital audio recording medium imported
into and distributed in the United States, or manufactured and distributed in
the United States, shall be 3 percent of the transfer price. Only the first person
to manufacture and distribute or import and distribute such medium shall be required
to pay the royalty with respect to such medium.
The
Register of Copyrights shall receive all royalty payments deposited under this
chapter and, after deducting the reasonable costs incurred by the Copyright Office
under this chapter, shall deposit the balance in the Treasury of the United States
as offsetting receipts, in such manner as the Secretary of the Treasury directs.
All funds held by the Secretary of the Treasury shall be invested in interest-bearing
United States securities for later distribution with interest under section 1007.
The Register may, in the Register's discretion, 4 years after the close of any
calendar year, close out the royalty payments account for that calendar year,
and may treat any funds remaining in such account and any subsequent deposits
that would otherwise be attributable to that calendar year as attributable to
the succeeding calendar year.
(a) Interested Copyright Parties. — The
royalty payments deposited pursuant to section
1005 shall, in accordance with the procedures specified in section
1007, be distributed to any interested copyright party —
(1) whose musical
work or sound recording has been —
(A) embodied in a digital
musical recording or an analog musical recording lawfully made under this title
that has been distributed, and
(B) distributed in the
form of digital musical recordings or analog musical recordings or disseminated
to the public in transmissions, during the period to which such payments pertain;
and
(2) who has filed a claim under section 1007.
(b) Allocation of Royalty Payments
to Groups. — The royalty payments shall be divided into 2 funds as follows:
(1) The sound recordings fund. — 66
2/3 percent of the royalty payments shall be allocated to the Sound Recordings
Fund. 2 5/8 percent of the royalty payments allocated to the Sound Recordings
Fund shall be placed in an escrow account managed by an independent administrator
jointly appointed by the interested copyright parties described in section
1001(7)(A) and the American Federation of Musicians (or any successor
entity) to be distributed to nonfeatured musicians (whether or not members
of the American Federation of Musicians or any successor entity) who have
performed on sound recordings distributed in the United States. 1 3/8 percent
of the royalty payments allocated to the Sound Recordings Fund shall be placed
in an escrow account managed by an independent administrator jointly appointed
by the interested copyright parties described in section
1001(7)(A) and the American Federation of Television and Radio Artists
(or any successor entity) to be distributed to nonfeatured vocalists (whether
or not members of the American Federation of Television and Radio Artists
or any successor entity) who have performed on sound recordings distributed
in the United States. 40 percent of the remaining royalty payments in the
Sound Recordings Fund shall be distributed to the interested copyright parties
described in section 1001(7)(C), and 60 percent
of such remaining royalty payments shall be distributed to the interested
copyright parties described in section 1001(7)(A).
(2) The Musical Works Fund. —
(A) 33 1/3 percent of the royalty
payments shall be allocated to the Musical Works Fund for distribution to interested
copyright parties described in section 1001(7)(B).
(B)(i)
Music publishers shall be entitled to 50 percent of the royalty payments allocated
to the Musical Works Fund.
(ii) Writers shall be entitled
to the other 50 percent of the royalty payments allocated to the Musical Works
Fund.
(c) Allocation of Royalty Payments
Within Groups. — If all interested copyright parties within a group specified
in subsection (b) do not agree on a voluntary proposal for the distribution
of the royalty payments within each group, the Librarian of Congress shall
convene a copyright arbitration royalty panel which shall, pursuant to the
procedures specified under section 1007(c),
allocate royalty payments under this section based on the extent to which,
during the relevant period —
(1) for the Sound Recordings
Fund, each sound recording was distributed in the form of digital musical recordings
or analog musical recordings; and
(2) for the Musical
Works Fund, each musical work was distributed in the form of digital musical recordings
or analog musical recordings or disseminated to the public in transmissions.
(1) Filing of claims. — During
the first 2 months of each calendar year after calendar year 1992, every interested
copyright party seeking to receive royalty payments to which such party is
entitled under section 1006 shall file with
the Librarian of Congress a claim for payments collected during the preceding
year in such form and manner as the Librarian of Congress shall prescribe
by regulation.
(2) Negotiations. — Notwithstanding
any provision of the antitrust laws, for purposes of this section interested
copyright parties within each group specified in section
1006(b) may agree among themselves to the proportionate division of royalty
payments, may lump their claims together and file them jointly or as a single
claim, or may designate a common agent, including any organization described
in section 1001(7)(D), to negotiate or receive
payment on their behalf; except that no agreement under this subsection may
modify the allocation of royalties specified in section
1006(b).
(b) Distribution of Payments
in the Absence of a Dispute. — After the period established for the filing
of claims under subsection (a), in each year after 1992, the Librarian of
Congress shall determine whether there exists a controversy concerning the
distribution of royalty payments under section
1006(c). If the Librarian of Congress determines that no such controversy
exists, the Librarian of Congress shall, within 30 days after such determination,
authorize the distribution of the royalty payments as set forth in the agreements
regarding the distribution of royalty payments entered into pursuant to subsection
(a), after deducting its reasonable administrative costs under this section.
(c) Resolution of Disputes. — If
the Librarian of Congress finds the existence of a controversy, the Librarian
shall, pursuant to chapter 8 of this title, convene
a copyright arbitration royalty panel to determine the distribution of royalty
payments. During the pendency of such a proceeding, the Librarian of Congress
shall withhold from distribution an amount sufficient to satisfy all claims
with respect to which a controversy exists, but shall, to the extent feasible,
authorize the distribution of any amounts that are not in controversy. The
Librarian of Congress shall, before authorizing the distribution of such royalty
payments, deduct the reasonable administrative costs incurred by the Librarian
under this section.
Subchapter
D — Prohibition on Certain Infringement Actions, Remedies, and Arbitration
No action
may be brought under this title alleging infringement of copyright based on the
manufacture, importation, or distribution of a digital audio recording device,
a digital audio recording medium, an analog recording device, or an analog recording
medium, or based on the noncommercial use by a consumer of such a device or medium
for making digital musical recordings or analog musical recordings.
(a) Civil Actions. — Any
interested copyright party injured by a violation of section
1002 or 1003 may bring a civil action
in an appropriate United States district court against any person for such
violation.
(b) Other Civil Actions. — Any
person injured by a violation of this chapter may bring a civil action in
an appropriate United States district court for actual damages incurred as
a result of such violation.
(c) Powers of the Court. — In
an action brought under subsection (a), the court —
(1)
may grant temporary and permanent injunctions on such terms as it deems reasonable
to prevent or restrain such violation;
(2) in the case
of a violation of section 1002, or in the case of an injury resulting from a failure
to make royalty payments required by section 1003, shall award damages under subsection
(d);
(3) in its discretion may allow the recovery of
costs by or against any party other than the United States or an officer thereof;
and
(4) in its discretion may award a reasonable attorney's
fee to the prevailing party.
(d) Award of Damages. —
(1) Damages for section
1002 or 1003 violations. —
(A) Actual damages. —
(i) In an action brought under subsection
(a), if the court finds that a violation of section 1002 or 1003 has occurred,
the court shall award to the complaining party its actual damages if the complaining
party elects such damages at any time before final judgment is entered.
(ii)
In the case of section 1003, actual damages shall constitute the royalty payments
that should have been paid under section 1004 and deposited under section 1005.
In such a case, the court, in its discretion, may award an additional amount of
not to exceed 50 percent of the actual damages.
(B) Statutory damages for section
1002 violations. —
(i) Device. — A complaining
party may recover an award of statutory damages for each violation of section
1002(a) or (c) in the sum of not more than $2,500 per device involved
in such violation or per device on which a service prohibited by section
1002(c) has been performed, as the court considers just.
(ii) Digital musical recording. — A
complaining party may recover an award of statutory damages for each violation
of section 1002(d) in the sum of not more
than $25 per digital musical recording involved in such violation, as the
court considers just.
(iii) Transmission. — A
complaining party may recover an award of damages for each transmission or
communication that violates section 1002(e)
in the sum of not more than $10,000, as the court considers just.
(2) Repeated violations. — In
any case in which the court finds that a person has violated section
1002 or 1003 within 3 years after a final
judgment against that person for another such violation was entered, the court
may increase the award of damages to not more than double the amounts that
would otherwise be awarded under paragraph (1), as the court considers just.
(3) Innocent violations of section
1002. — The court in its discretion may reduce the total award of
damages against a person violating section 1002
to a sum of not less than $250 in any case in which the court finds that the
violator was not aware and had no reason to believe that its acts constituted
a violation of section 1002.
(e) Payment of Damages. — Any
award of damages under subsection (d) shall be deposited with the Register
pursuant to section 1005 for distribution
to interested copyright parties as though such funds were royalty payments
made pursuant to section 1003.
(f) Impounding of Articles. — At
any time while an action under subsection (a) is pending, the court may order
the impounding, on such terms as it deems reasonable, of any digital audio
recording device, digital musical recording, or device specified in section
1002(c) that is in the custody or control of the alleged violator and
that the court has reasonable cause to believe does not comply with, or was
involved in a violation of, section 1002.
(g) Remedial Modification and
Destruction of Articles. — In an action brought under subsection (a),
the court may, as part of a final judgment or decree finding a violation of
section 1002, order the remedial modification
or the destruction of any digital audio recording device, digital musical
recording, or device specified in section 1002(c)
that —
(1)
does not comply with, or was involved in a violation of, section 1002, and
(2)
is in the custody or control of the violator or has been impounded under subsection
(f).
(a) Scope of Arbitration. — Before
the date of first distribution in the United States of a digital audio recording
device or a digital audio interface device, any party manufacturing, importing,
or distributing such device, and any interested copyright party may mutually
agree to binding arbitration for the purpose of determining whether such device
is subject to section 1002, or the basis
on which royalty payments for such device are to be made under section
1003.
(b) Initiation of Arbitration
Proceedings. — Parties agreeing to such arbitration shall file a petition
with the Librarian of Congress requesting the commencement of an arbitration
proceeding. The petition may include the names and qualifications of potential
arbitrators. Within 2 weeks after receiving such a petition, the Librarian
of Congress shall cause notice to be published in the Federal Register of
the initiation of an arbitration proceeding. Such notice shall include the
names and qualifications of 3 arbitrators chosen by the Librarian of Congress
from a list of available arbitrators obtained from the American Arbitration
Association or such similar organization as the Librarian of Congress shall
select, and from potential arbitrators listed in the parties' petition. The
arbitrators selected under this subsection shall constitute an Arbitration
Panel.
(c) Stay of Judicial Proceedings. — Any
civil action brought under section 1009 against
a party to arbitration under this section shall, on application of one of
the parties to the arbitration, be stayed until completion of the arbitration
proceeding.
(d) Arbitration Proceeding. — The
Arbitration Panel shall conduct an arbitration proceeding with respect to
the matter concerned, in accordance with such procedures as it may adopt.
The Panel shall act on the basis of a fully documented written record. Any
party to the arbitration may submit relevant information and proposals to
the Panel. The parties to the proceeding shall bear the entire cost thereof
in such manner and proportion as the Panel shall direct.
(e) Report to the Librarian of
Congress. — Not later than 60 days after publication of the notice under
subsection (b) of the initiation of an arbitration proceeding, the Arbitration
Panel shall report to the Librarian of Congress its determination concerning
whether the device concerned is subject to section
1002, or the basis on which royalty payments for the device are to be
made under section 1003. Such report shall
be accompanied by the written record, and shall set forth the facts that the
Panel found relevant to its determination.
(f) Action by the Librarian of
Congress. — Within 60 days after receiving the report of the Arbitration
Panel under subsection (e), the Librarian of Congress shall adopt or reject
the determination of the Panel. The Librarian of Congress shall adopt the
determination of the Panel unless the Librarian of Congress finds that the
determination is clearly erroneous. If the Librarian of Congress rejects the
determination of the Panel, the Librarian of Congress shall, before the end
of that 60-day period, and after full examination of the record created in
the arbitration proceeding, issue an order setting forth the Librarian's decision
and the reasons therefor. The Librarian of Congress shall cause to be published
in the Federal Register the determination of the Panel and the decision of
the Librarian of Congress under this subsection with respect to the determination
(including any order issued under the preceding sentence).
(g) Judicial Review. — Any
decision of the Librarian of Congress under subsection (f) with respect to
a determination of the Arbitration Panel may be appealed, by a party to the
arbitration, to the United States Court of Appeals for the District of Columbia
Circuit, within 30 days after the publication of the decision in the Federal
Register. The pendency of an appeal under this subsection shall not stay the
decision of the Librarian of Congress. The court shall have jurisdiction to
modify or vacate a decision of the Librarian of Congress only if it finds,
on the basis of the record before the Librarian of Congress, that the Arbitration
Panel or the Librarian of Congress acted in an arbitrary manner. If the court
modifies the decision of the Librarian of Congress, the court shall have jurisdiction
to enter its own decision in accordance with its final judgment. The court
may further vacate the decision of the Librarian of Congress and remand the
case for arbitration proceedings as provided in this section.
1The Audio Home Recording Act of
1992 added chapter 10, entitled “Digital Audio Recording Devices and Media,”
to title 17. Pub. L. No. 102-563, 106 Stat. 4237.
2The Copyright Royalty Tribunal
Reform Act of 1993 amended section 1004(a)(3) by substituting “Librarian of
Congress” in lieu of “Copyright Royalty Tribunal,” where appropriate. Pub.
L. No. 103-198, 107 Stat. 2304, 2312.
3The Copyright Royalty Tribunal
Reform Act of 1993 amended section 1005 by striking the last sentence which
began “The Register shall submit to the Copyright Royalty Tribunal.” Pub.
L. No. 103-198, 107 Stat. 2304, 2312.
4The Copyright Royalty Tribunal
Reform Act of 1993 amended section 1006(c) by substituting “Librarian of Congress”
in lieu of “Copyright Royalty Tribunal,” where appropriate. Pub. L. No. 103-198,
107 Stat. 2304, 2312. In 1997, section 1006(b)(1) was amended to insert “Federation
of Television” in lieu of “Federation Television” wherever it appeared. Pub.
L. No. 105-80, 111 Stat. 1529, 1535.
5The Copyright Royalty Tribunal
Reform Act of 1993 amended section 1007 by substituting “Librarian of Congress”
in lieu of “Copyright Royalty Tribunal” or “Tribunal,” where appropriate,
by amending the first sentence in subsection (c) and by inserting “the reasonable
administrative costs incurred by the Librarian” in the last sentence of subsection
(c), in lieu of “its reasonable administrative costs.” Pub. L. No. 103-198,
107 Stat. 2304, 2312.
In 1997, section 1007 was amended, in subsection (a)(1), by
inserting “calendar year 1992” in lieu of “the calendar year in which this
chapter takes effect” and, in subsection (b), by inserting “1992” in lieu
of “the year in which this section takes effect,” and also in subsection (b),
by inserting “After” in lieu of “Within 30 days after.” Pub. L. No. 105-80,
111 Stat. 1529, 1534 and 1535.
6The Copyright Royalty Tribunal
Reform Act of 1993 amended section 1010 by substituting “Librarian of Congress”
in lieu of “Copyright Royalty Tribunal” or “Tribunal,” where appropriate,
and by inserting “Librarian's” in lieu of “its.” Pub. L. No. 103-198, 107
Stat. 2304, 2312. That Act, which established copyright arbitration royalty
panels, states that “[a]ll royalty rates and all determinations with respect
to the proportionate division of compulsory license fees among copyright claimants,
whether made by the Copyright Royalty Tribunal, or by voluntary agreement,
before the effective date set forth in subsection (a) [December 17, 1993]
shall remain in effect until modified by voluntary agreement or pursuant to
the amendments made by this Act.” Pub. L. No. 103-198, 107 Stat. 2304, 2313.
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