Page:United States Statutes at Large Volume 107 Part 3.djvu/370

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107 STAT. 2308 PUBLIC LAW 103-198—DEC. 17, 1993 described in paragraph (1) may be filed in 1997 and in each subsequent tenth calendar year. "(4)(A) In proceedings under section 801(b)(l) concerning the a4justment of royalty rates as provided in section 116, a petition described in paragraph (1) may be filed at any time within 1 year after negotiated licenses authorized by section 116 are terminated or expire and are not replaced by subsequent agreements. "(B) If a negotiated license authorized by section 116 is terminated or expires and is not replaced by another such license agreement which provides permission to use a quantity of musical works not substantially smaller than the quantity of such works performed on coin-operated phonorecord players during the 1-year period ending March 1, 1989, the Librarian of Congress shall, upon petition filed under paragraph (1) within 1 year after such termination or expiration, convene a cop3rright arbitration royalty panel. The arbitration panel shall promptly establish an interim royalty rate or rates for the public performance by means of a coin-operated phonorecord pla^^er of non-dramatic musical works embodied in phonorecords wmch had been subject to the terminated or expired negotiated license agreement. Such rate or rates shall be the same as the last such rate or rates and shall remain in force until the conclusion of proceedings by the arbitration panel, in accordance with section 802, to a4just the royalty rates applicable to such works, or until superseded by a new negotiated license agreement, as provided in section 116(b).. •.: (3) Subsection (b) is amended— (A) by striking "subclause" and inserting "subparagraph"; (B) b3r striking Tribunal" the first place it appears and inserting "Copyright Royalty Tribunal or the Librarian of Congress"; (C) by striking "Tribunal" the second and third places it appears and inserting "Librarian"; (D) by striking "Tribunal" the last place it appears and inserting "Copjrright Royalty Tribunal or the Librarian of Congress"; and (E) by striking "(a)(2), above" and inserting "subsection (a) of this section". (4) Subsection (c) is amended by striking "Tribunal" and inserting "Librarian of Congress". (5) Subsection (d) is amended— (A) by striking "Chairman of the Tribunal" and inserting "Librarian of Congress"; and (B) by striking determination by the Tribunal" and inserting a determination". (6) Subsection (e) is stricken out. (e) REPEAL.— Sections 805 through 810 of title 17, United States Code, are repealed. (0 CLERICAL AMENDMENT.—The table of sections for chapter 8 of title 17, United States Code, is amended to read as follows:

  • H:HAPTER 8-<:;OPYRIGHT ARBITRATION ROYALTY

PANELS "Sec. "801. Copyright arbitration royalty panels: establishment and purpose. "802. Membership and proceedings of copyright arbitration royalty panels. "803. Institution and conclusion of proceedings.".