Notes on 17 U.S.C. § 801 : US Code - Notes

Search Notes on 17 U.S.C. § 801 : US Code - Notes

(Added Pub. L. 108-419, Sec. 3(a), Nov. 30, 2004, 118 Stat. 2341.)
PRIOR PROVISIONS
A prior section 801, Pub. L. 94-553, title I, Sec. 101, Oct. 19,
1976, 90 Stat. 2594; Pub. L. 99-397, Sec. 2(c), (d), Aug. 27, 1986,
100 Stat. 848; Pub. L. 100-568, Sec. 11(1), Oct. 31, 1988, 102
Stat. 2860; Pub. L. 100-667, title II, Sec. 202(4), Nov. 16, 1988,
102 Stat. 3958; Pub. L. 101-318, Sec. 3(b), July 3, 1990, 104 Stat.
288; Pub. L. 102-563, Sec. 3(a)(1), Oct. 28, 1992, 106 Stat. 4247;
Pub. L. 103-198, Sec. 2(a), Dec. 17, 1993, 107 Stat. 2304; Pub. L.
104-39, Sec. 5(d)(1), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105-80,
Secs. 8(a), 12(a)(19), Nov. 13, 1997, 111 Stat. 1533, 1535; Pub. L.
105-304, title IV, Sec. 405(e)(1), Oct. 28, 1998, 112 Stat. 2902,
related to the establishment and purpose of copyright arbitration
royalty panels, prior to the general amendment of this chapter by
Pub. L. 108-419.
EFFECTIVE DATE; TRANSITION PROVISIONS
Pub. L. 108-419, Sec. 6, Nov. 30, 2004, 118 Stat. 2369, provided
that:
"(a) Effective Date. - This Act [see Short Title of 2004
Amendment note set out under section 101 of this title] and the
amendments made by this Act shall take effect 6 months after the
date of enactment of this Act [Nov. 30, 2004], except that the
Librarian of Congress shall appoint 1 or more interim Copyright
Royalty Judges under section 802(d) of title 17, United States
Code, as amended by this Act, within 90 days after such date of
enactment to carry out the functions of the Copyright Royalty
Judges under title 17, United States Code, to the extent that
Copyright Royalty Judges provided for in section 801(a) of title
17, United States Code, as amended by this Act, have not been
appointed before the end of that 90-day period.
"(b) Transition Provisions. -
"(1) In general. - Subject to paragraphs (2) and (3), the
amendments made by this Act shall not affect any proceedings
commenced, petitions filed, or voluntary agreements entered into
before the effective date provided in subsection (a) under the
provisions of title 17, United States Code, as amended by this
Act, and pending on such effective date. Such proceedings shall
continue, determinations made in such proceedings, and appeals
taken therefrom, as if this Act had not been enacted, and shall
continue in effect until modified under title 17, United States
Code, as amended by this Act. Such petitions filed and voluntary
agreements entered into shall remain in effect as if this Act had
not been enacted. For purposes of this paragraph, the Librarian
of Congress may determine whether a proceeding has commenced. The
Librarian of Congress may terminate any proceeding commenced
before the date of enactment of this Act [Nov. 30, 2004] pursuant
to chapter 8 of title 17, United States Code, and any proceeding
so terminated shall become null and void. In such cases, the
Copyright Royalty Judges may initiate a new proceeding in
accordance with regulations adopted pursuant to section 803(b)(6)
of title 17, United States Code.
"(2) Certain royalty rate proceedings. - Notwithstanding
paragraph (1), the amendments made by this Act shall not affect
proceedings to determine royalty rates pursuant to section 119(c)
of title 17, United States Code, that are commenced before
January 31, 2006.
"(3) Pending proceedings. - Notwithstanding paragraph (1), any
proceedings to establish or adjust rates and terms for the
statutory licenses under section 114(f)(2) or 112(e) of title 17,
United States Code, for a statutory period commencing on or after
January 1, 2005, shall be terminated upon the date of enactment
of this Act and shall be null and void. The rates and terms in
effect under section 114(f)(2) or 112(e) of title 17, United
States Code, on December 31, 2004, for new subscription services,
eligible nonsubscription services, and services exempt under
section 114(d)(1)(C)(iv) of such title, and the rates and terms
published in the Federal Register under the authority of the
Small Webcaster Settlement Act of 2002 (17 U.S.C. 114 note;
Public Law 107-321) (including the amendments made by that Act)
for the years 2003 through 2004, as well as any notice and
recordkeeping provisions adopted pursuant thereto, shall remain
in effect until the later of the first applicable effective date
for successor terms and rates specified in section 804(b) (2) or
(3)(A) of title 17, United States Code, or such later date as the
parties may agree or the Copyright Royalty Judges may establish.
For the period commencing January 1, 2005, an eligible small
webcaster or a noncommercial webcaster, as defined in the
regulations published by the Register of Copyrights pursuant to
the Small Webcaster Settlement Act of 2002 (17 U.S.C. 114 note;
Public Law 107-321) (including the amendments made by that Act)
[amending section 114 of this title and enacting provisions set
out as notes under sections 101 and 114 of this title], may elect
to be subject to the rates and terms published in those
regulations by complying with the procedures governing the
election process set forth in those regulations not later than
the first date on which the webcaster would be obligated to make
a royalty payment for such period. Until successor terms and
rates have been established for the period commencing January 1,
2006, licensees shall continue to make royalty payments at the
rates and on the terms previously in effect, subject to
retroactive adjustment when successor rates and terms for such
services are established.
"(4) Interim proceedings. - Notwithstanding subsection (a), as
soon as practicable after the date of enactment of this Act, the
Copyright Royalty Judges or interim Copyright Royalty Judges
shall publish the notice described in section 803(b)(1)(A) of
title 17, United States Code, as amended by this Act, to initiate
a proceeding to establish or adjust rates and terms for the
statutory licenses under section 114(f)(2) or 112(e) of title 17,
United States Code, for new subscription services and eligible
nonsubscription services for the period commencing January 1,
2006. The Copyright Royalty Judges or Interim Copyright Royalty
Judges are authorized to cause that proceeding to take place as
provided in subsection (b) of section 803 of that title within
the time periods set forth in that subsection. Notwithstanding
section 803(c)(1) of that title, the Copyright Royalty Judges
shall not be required to issue their determination in that
proceeding before the expiration of the statutory rates and terms
in effect on December 31, 2004.
"(c) Existing Appropriations. - Any funds made available in an
appropriations Act to carry out chapter 8 of title 17, United
States Code, shall be available to the extent necessary to carry
out this section."