17 U.S.C. § 802 : US Code - Section 802: Copyright Royalty Judgeships; staff

Search 17 U.S.C. § 802 : US Code - Section 802: Copyright Royalty Judgeships; staff

(a) Qualifications of Copyright Royalty Judges. -
(1) In general. - Each Copyright Royalty Judge shall be an
attorney who has at least 7 years of legal experience. The Chief
Copyright Royalty Judge shall have at least 5 years of experience
in adjudications, arbitrations, or court trials. Of the other 2
Copyright Royalty Judges, 1 shall have significant knowledge of
copyright law, and the other shall have significant knowledge of
economics. An individual may serve as a Copyright Royalty Judge
only if the individual is free of any financial conflict of
interest under subsection (h).
(2) Definition. - In this subsection, the term "adjudication"
has the meaning given that term in section 551 of title 5, but
does not include mediation.
(b) Staff. - The Chief Copyright Royalty Judge shall hire 3 full-
time staff members to assist the Copyright Royalty Judges in
performing their functions.
(c) Terms. - The individual first appointed as the Chief
Copyright Royalty Judge shall be appointed to a term of 6 years,
and of the remaining individuals first appointed as Copyright
Royalty Judges, 1 shall be appointed to a term of 4 years, and the
other shall be appointed to a term of 2 years. Thereafter, the
terms of succeeding Copyright Royalty Judges shall each be 6 years.
An individual serving as a Copyright Royalty Judge may be
reappointed to subsequent terms. The term of a Copyright Royalty
Judge shall begin when the term of the predecessor of that
Copyright Royalty Judge ends. When the term of office of a
Copyright Royalty Judge ends, the individual serving that term may
continue to serve until a successor is selected.
(d) Vacancies or Incapacity. -
(1) Vacancies. - If a vacancy should occur in the position of
Copyright Royalty Judge, the Librarian of Congress shall act
expeditiously to fill the vacancy, and may appoint an interim
Copyright Royalty Judge to serve until another Copyright Royalty
Judge is appointed under this section. An individual appointed to
fill the vacancy occurring before the expiration of the term for
which the predecessor of that individual was appointed shall be
appointed for the remainder of that term.
(2) Incapacity. - In the case in which a Copyright Royalty
Judge is temporarily unable to perform his or her duties, the
Librarian of Congress may appoint an interim Copyright Royalty
Judge to perform such duties during the period of such
incapacity.
(e) Compensation. -
(1) Judges. - The Chief Copyright Royalty Judge shall receive
compensation at the rate of basic pay payable for level AL-1 for
administrative law judges pursuant to section 5372(b) of title 5,
and each of the other two Copyright Royalty Judges shall receive
compensation at the rate of basic pay payable for level AL-2 for
administrative law judges pursuant to such section. The
compensation of the Copyright Royalty Judges shall not be subject
to any regulations adopted by the Office of Personnel Management
pursuant to its authority under section 5376(b)(1) of title 5.
(2) Staff members. - Of the staff members appointed under
subsection (b) -
(A) the rate of pay of 1 staff member shall be not more than
the basic rate of pay payable for level 10 of GS-15 of the
General Schedule;
(B) the rate of pay of 1 staff member shall be not less than
the basic rate of pay payable for GS-13 of the General Schedule
and not more than the basic rate of pay payable for level 10 of
GS-14 of such Schedule; and
(C) the rate of pay for the third staff member shall be not
less than the basic rate of pay payable for GS-8 of the General
Schedule and not more than the basic rate of pay payable for
level 10 of GS-11 of such Schedule.
(3) Locality pay. - All rates of pay referred to under this
subsection shall include locality pay.
(f) Independence of Copyright Royalty Judge. -
(1) In making determinations. -
(A) In general. - (i) Subject to clause (ii) of this
subparagraph and subparagraph (B), the Copyright Royalty Judges
shall have full independence in making determinations
concerning adjustments and determinations of copyright royalty
rates and terms, the distribution of copyright royalties, the
acceptance or rejection of royalty claims, rate adjustment
petitions, and petitions to participate, and in issuing other
rulings under this title, except that the Copyright Royalty
Judges may consult with the Register of Copyrights on any
matter other than a question of fact.
(ii) A Copyright Royalty Judge or Judges, or, by motion to
the Copyright Royalty Judge or Judges, any participant in a
proceeding may request an interpretation by the Register of
Copyrights concerning any material question of substantive law
(not including questions of procedure before the Copyright
Royalty Judges, the ultimate adjustments and determinations of
copyright royalty rates and terms, the ultimate distribution of
copyright royalties, or the acceptance or rejection of royalty
claims, rate adjustment petitions, or petitions to participate)
concerning an interpretation or construction of those
provisions of this title that are the subject of the
proceeding. Any such request for a written interpretation by
the Register of Copyrights shall be on the record. Reasonable
provision shall be made for comment by the participants in the
proceeding on the material question of substantive law in such
a way as to minimize duplication and delay. Except as provided
in subparagraph (B), the Register of Copyrights shall deliver
to the Copyright Royalty Judges a response within 14 days after
the Register of Copyrigts (!1) receives all of the briefs or
comments of the participants. Such decision shall be in writing
and shall be included by the Copyright Royalty Judges in the
record that accompanies their final determination. If such a
decision is timely delivered to the Copyright Royalty Judges,
the Copyright Royalty Judges shall apply the legal
interpretation embodied in the response of the Register of
Copyrights in resolving material questions of substantive law.
(B) Novel questions. - (i) In any case in which a novel
material question of substantive law concerning an
interpretation of those provisions of this title that are the
subject of the proceeding is presented, the Copyright Royalty
Judges shall request a decision of the Register of Copyrights,
in writing, to resolve such novel question. Reasonable
provision shall be made for comment on such request by the
participants in the proceeding, in such a way as to minimize
duplication and delay. The Register of Copyrights shall
transmit his or her decision to the Copyright Royalty Judges
within 30 days after the Register of Copyrights receives all of
the briefs or comments of the participants. Such decision shall
be in writing and included by the Copyright Royalty Judges in
the record that accompanies their final determination. If such
a decision is timely delivered to the Copyright Royalty Judges,
the Copyright Royalty Judges shall apply the legal
determinations embodied in the decision of the Register of
Copyrights in resolving material questions of substantive law.
(ii) In clause (i), a "novel question of law" is a question
of law that has not been determined in prior decisions,
determinations, and rulings described in section 803(a).
(C) Consultation. - Notwithstanding the provisions of
subparagraph (A), the Copyright Royalty Judges shall consult
with the Register of Copyrights with respect to any
determination or ruling that would require that any act be
performed by the Copyright Office, and any such determination
or ruling shall not be binding upon the Register of Copyrights.
(D) Review of legal conclusions by the register of
copyrights. - The Register of Copyrights may review for legal
error the resolution by the Copyright Royalty Judges of a
material question of substantive law under this title that
underlies or is contained in a final determination of the
Copyright Royalty Judges. If the Register of Copyrights
concludes, after taking into consideration the views of the
participants in the proceeding, that any resolution reached by
the Copyright Royalty Judges was in material error, the
Register of Copyrights shall issue a written decision
correcting such legal error, which shall be made part of the
record of the proceeding. The Register of Copyrights shall
issue such written decision not later than 60 days after the
date on which the final determination by the Copyright Royalty
Judges is issued. Additionally, the Register of Copyrights
shall cause to be published in the Federal Register such
written decision, together with a specific identification of
the legal conclusion of the Copyright Royalty Judges that is
determined to be erroneous. As to conclusions of substantive
law involving an interpretation of the statutory provisions of
this title, the decision of the Register of Copyrights shall be
binding as precedent upon the Copyright Royalty Judges in
subsequent proceedings under this chapter. When a decision has
been rendered pursuant to this subparagraph, the Register of
Copyrights may, on the basis of and in accordance with such
decision, intervene as of right in any appeal of a final
determination of the Copyright Royalty Judges pursuant to
section 803(d) in the United States Court of Appeals for the
District of Columbia Circuit. If, prior to intervening in such
an appeal, the Register of Copyrights gives notification to,
and undertakes to consult with the Attorney General with
respect to such intervention, and the Attorney General fails,
within a reasonable period after receiving such notification,
to intervene in such appeal, the Register of Copyrights may
intervene in such appeal in his or her own name by any attorney
designated by the Register of Copyrights for such purpose.
Intervention by the Register of Copyrights in his or her own
name shall not preclude the Attorney General from intervening
on behalf of the United States in such an appeal as may be
otherwise provided or required by law.
(E) Effect on judicial review. - Nothing in this section
shall be interpreted to alter the standard applied by a court
in reviewing legal determinations involving an interpretation
or construction of the provisions of this title or to affect
the extent to which any construction or interpretation of the
provisions of this title shall be accorded deference by a
reviewing court.
(2) Performance appraisals. -
(A) In general. - Notwithstanding any other provision of law
or any regulation of the Library of Congress, and subject to
subparagraph (B), the Copyright Royalty Judges shall not
receive performance appraisals.
(B) Relating to sanction or removal. - To the extent that the
Librarian of Congress adopts regulations under subsection (h)
relating to the sanction or removal of a Copyright Royalty
Judge and such regulations require documentation to establish
the cause of such sanction or removal, the Copyright Royalty
Judge may receive an appraisal related specifically to the
cause of the sanction or removal.
(g) Inconsistent Duties Barred. - No Copyright Royalty Judge may
undertake duties that conflict with his or her duties and
responsibilities as a Copyright Royalty Judge.
(h) Standards of Conduct. - The Librarian of Congress shall adopt
regulations regarding the standards of conduct, including financial
conflict of interest and restrictions against ex parte
communications, which shall govern the Copyright Royalty Judges and
the proceedings under this chapter.
(i) Removal or Sanction. - The Librarian of Congress may sanction
or remove a Copyright Royalty Judge for violation of the standards
of conduct adopted under subsection (h), misconduct, neglect of
duty, or any disqualifying physical or mental disability. Any such
sanction or removal may be made only after notice and opportunity
for a hearing, but the Librarian of Congress may suspend the
Copyright Royalty Judge during the pendency of such hearing. The
Librarian shall appoint an interim Copyright Royalty Judge during
the period of any such suspension.