17 U.S.C. § 1010 : US Code - Section 1010: Determination of certain disputes

Search 17 U.S.C. § 1010 : US Code - Section 1010: Determination of certain disputes

(a) Scope of Determination. - 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 petition the
Copyright Royalty Judges to determine 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 Proceedings. - The parties under subsection (a)
shall file the petition with the Copyright Royalty Judges
requesting the commencement of a proceeding. Within 2 weeks after
receiving such a petition, the Chief Copyright Royalty Judge shall
cause notice to be published in the Federal Register of the
initiation of the proceeding.
(c) Stay of Judicial Proceedings. - Any civil action brought
under section 1009 against a party to a proceeding under this
section shall, on application of one of the parties to the
proceeding, be stayed until completion of the proceeding.
(d) Proceeding. - The Copyright Royalty Judges shall conduct a
proceeding with respect to the matter concerned, in accordance with
such procedures as the Copyright Royalty Judges may adopt. The
Copyright Royalty Judges shall act on the basis of a fully
documented written record. Any party to the proceeding may submit
relevant information and proposals to the Copyright Royalty Judges.
The parties to the proceeding shall each bear their respective
costs of participation.
(e) Judicial Review. - Any determination of the Copyright Royalty
Judges under subsection (d) may be appealed, by a party to the
proceeding, in accordance with section 803(d) of this title. The
pendency of an appeal under this subsection shall not stay the
determination of the Copyright Royalty Judges. If the court
modifies the determination of the Copyright Royalty Judges, the
court shall have jurisdiction to enter its own decision in
accordance with its final judgment. The court may further vacate
the determination of the Copyright Royalty Judges and remand the
case for proceedings as provided in this section.