HR1036SEP29

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Week Ending September 29, 2006

H.R.1036 To amend title 17, United States Code, to make technical corrections relating to Copyright Royalty Judges, and for other purposes.

In addition to benign technical changes to the US Code governing Copyright Royalty Judges the bill provides that when the last day of a time limit for performance of an action by Copyright Royalty Judges falls on a no-business day, the action may be taken up the next succeeding business day.

The bill would add to the matters the Judges will hear including a conflict between decisions made by copyright arbitration royalty panels not consistent with a decision of the Librarian of Congress or the Register of Copyrights. The Judges are allowed participation in a proceeding to determine the distribution of royalty fees without the payment of a filing fee if the petition to participate is accompanied by a statement that the petitioner will not seek a distribution of more than $1000.

Sponsor: Rep. Lamar Smith (R-TX-21^st)

Vote:

Cost to the taxpayers: CBO estimates that implementing the bill would have no effect on spending subject to appropriation

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CONGRESSIONAL RESEARCH SERVICE SUMMARY

Copyright Royalty Judges Program Technical Corrections Act - (Sec. 3) Amends provisions regarding copyright royalty judges to: (1) make technical changes; (2) provide that when the last day of a time limit for performance of an action with or by the Copyright Royalty Judges (CRJs) falls on a nonbusiness day, the action may be taken on the next succeeding business day; (3) provide that CRJs are to act in accordance with the Administrative Procedure Act; (4) include prior determinations and interpretations of copyright arbitration royalty panels that are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights among the precedents that CRJs must consider; (5) allow participation in a proceeding to determine distribution of royalty fees without the payment of a filing fee if the petition to participate is accompanied by a statement that the petitioner (individually or as a group) will not seek a distribution of more than $1000, in which case the amount distributed to the petitioner shall not exceed $1000; (6) allow CRJs to order a discovery schedule in connection with written rebuttal statements; (7) allow CRJs to issue an amendment to a written determination to correct any technical or clerical errors in the determination or to modify terms, without approval of the Register; and (8) require that the Librarian receive authorization from the CRJs before distributing statutory licensing fees for secondary transmissions by cable systems or satellite carriers even when no controversy about such distribution exists.

(Sec. 5) Allows Copyright Royalty Judges to make a partial distribution of cable and satellite royalty fees at any time after the filing of claims for distribution of such fees. (Current law authorizes a partial distribution during the pendency of a distribution proceeding.)

(Sec. 6) Makes this Act effective as if it were included in the Copyright Royalty and Distribution Reform Act of 2004, except the partial distribution of royalty fees provisions are effective upon enactment of this Act.

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