Page:United States Statutes at Large Volume 107 Part 3.djvu/367

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PUBLIC LAW 103-198—DEC. 17, 1993 107 STAT. 2305 dural or evidentiary rulings that would apply to the proceedings conducted by such panel."'; and (5) by adding at the end the following new subsection: "(d) ADMINISTRATIVE SUPPORT OF COPYRIGHT ARBITRATION ROY- ALTY PANELS.— The Libr^uy of Congress, upon the recommendation of the Register of Copjrrights, shall provide the copyright arbitration roysdty panels with the necessary administrative services related to proceedings under this chapter.". (b) MEMBERSHIP AND PROCEEDINGS. —Section 802 of title 17, United States Code, is amended to read as follows:

    • § 802. Membership and proceedings of copyright arbitration

royalty panels " (a) COMPOSITION OF COPYRIGHT ARBITRATION ROYALTY PAN- ELS. —A copyright arbitration royalty panel shall consist of 3 arbitrators selected by the Librarian of Congress pursuant to subsection (b). "(b) SELECTION OF ARBITRATION PANEL. —Not later than 10 days after publication of a notice in the Federal Register initiating an arbitration proceeding under section 803, and in accordance with procedures specified by the Register of Copyrights, the Librarian of Congress shall, upon the recommendation of the Register of Copyrights, select 2 arbitrators from lists provided by professional arbitration associations.. Qualifications of the arbitrators shall include experience in conducting arbitration proceedings and facilitating the resolution and settlement of disputes, and any qualifications which the Librarian of Congress, upon the recommendation of the Register of Copjoights, shall adopt by regulation. The 2 arbitrators so selected eihall, within 10 days after their selection, choose a third arbitrator from the same lists, who shall serve as the chairperson of the arbitrators. If such 2 arbitrators fail to agree upon the selection of a third arbitrator, the Librarian of Congress shall promptly select the third arbitrator. The Librarian of Congress, upon the recommendation of the Register of Copyrights, shall adopt regulations regarding standards of conduct which shall govern arbitrators and the proceedings under this chapter. "(c) ARBITRATION PROCEEDINGS. — Copyright arbitration royalty panels shall conduct arbitration proceedings, subject to subchapter II of chapter 5 of title 5, for the purpose of making their determinations in carrying out the purposes set forth in section 801. The arbitration panels shall act on the basis of a fully documented written record, prior decisions of the Copyright Royalty Tribunal, prior copyright arbitration panel determinations, and rulings by the Librarian of Congress under section 801(c). Any cop3rright owner who claims to be entitled to royalties under section 111, 116, or 119, or any interested copyright party who claims to be entitled to royalties under section 1006, may submit relevant information and proposals to the arbitration panels in proceedings applicable to such copjrright owner or interested copyright party, and any other person participating in arbitration proceedings may submit such relevant information and proposals to the arbitration panel conducting the proceedings. In ratemaking proceedings, the parties to the proceedings shall bear the entire cost thereof in such manner and proportion as the arbitration panels shall direct. In distribution proceedings, the parties shall bear the cost in direct proportion to their share of the distribution. Federal Register, publication. Regulations. Regulations.