Page:United States Statutes at Large Volume 107 Part 3.djvu/369

This page needs to be proofread.


PUBLIC LAW 103-198—DEC. 17, 1993 107 STAT. 2307 underpaid fees, and the interest pertaining respectively thereto, in accordance with its final judgment. The court may further vacate the decision of tihe arbitration panel and remand the case to the Librarian for arbitration proceedings in accordance with subsection (c). "(h) ADMINISTRATIVE; MATTERS.— " (1) DEDUCTION OF COSTS FROM ROYALTY FEES. —The Librarian of Congress and the Register of Copjrrights may, to the extent not otherwise provided under this title, deduct from royalty fees deposited or collected under this title the reasonable costs incurred by the Library of Congress and the Copyright Of&ce under this chapter. Such deduction may be made before the fees are distributed to any copyright claimants. If no royalty pool exists from which their costs can be deducted, the Librarian of Congress and the Cop3rri^ht Office may assess their reasonable costs directly to the parties to the most recent relevant arbitration proceeding. "(2) POSITIONS REQUIRED FOR ADMINISTRATION OF COMPUL- SORY UCENSING. —Section 307 of the Legislative Branch Appropriations Act, 1994, shall not apply to employee positions in the Library of Congress that are required to he filled in order to carry out section 111, 115, 116, 118, or 119 or chapter 10.". (c) PROCEDURES OF THE TRIBUNAL.— Section 803 of title 17, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 8 of such title, are repealed. (d) INSTITUTION AND CONCLUSION OF PROCEEDINGS. — Section 804 of title 17, United States Code, is amended as follows: (1) The section heading is amended to read as follows: "% 803. Institution and conclusion of proceedings". (2) Subsection (a) is amended to read as follows: "(a)(l) With respect to proceedings under section 801(b)(l) concerning the acijustment of royalty rates as provided in sections 115 and 116, and with respect to proceedings under subparagraphs (A) and (D) of section 801(b)(2), during the calendar years specined in the schedule set forth in paragraphs (2), (3), and (4), any owner or user of a copyrighted work whose royalty rates are specified by this title, established by the Copyright Royalty Tribimal before the date of the enactment of the Copyright Royalty Tribunal Reform Act of 1993, or established by a copyright arbitration royalty panel after such date of enactment, may file a petition with the Librarian of Congress declaring that the petitioner requests an adjustment of the rate. The Librarian of Congress shall, upon the recommendation of the Register of Copjrrights, make a determination as to whether the petitioner has such a significant interest in the royalty rate in which an a4justment is requested. If the Librarian determines that the petitioner has such a significant interest, the Librarian shall cause notice of this determination, with the reasons therefor, to be published in the Federal Register, together with the notice of commenccsment of proceedings under this chapter. "(2) In proceedings under section 801(b)(2)(A) and (D), a petition described in paragraph (1) may be filed during 1995 and in each subsequent fifth calendar year. "(3) In proceedings under section 801(b)(l) concerning the adjustment of royalty rates as provided in section 115, a petition