Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

7 The current fees may be found in the Code of Federal Regulations, [http://www.loc.gov/copyright/title37/] at 37 C.F.R.  Sec. 201.3, [http://www.loc.gov/copyright/title37/] as authorized by Pub.  L. No. 105-80, 111 Stat. 1529, 1532.  In Pub.  L. No. 105-80, Congress amended section 708(b) to require that the Register of Copyrights establish fees by regulation.

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Chapter 8 [1]

Copyright Arbitration Royalty Panels

+ 801.  Copyright arbitration royalty panels:  Establishment and purpose
+ 802.  Membership and proceedings of copyright arbitration royalty
panels
+ 803.  Institution and conclusion of proceedings

Section 801.  Copyright arbitration royalty panels:  Establishment and purpose [2]

(a) Establishment.  The Librarian of Congress, upon the recommendation of the Register of Copyrights, is authorized to appoint and convene copyright arbitration royalty panels.

(b) Purposes.  Subject to the provisions of this chapter, the purposes of the copyright arbitration royalty panels shall be as follows: 

(1) To make determinations concerning the adjustment of reasonable copyright royalty rates as provided in sections 114, 115, 116, and 119, and to make determinations as to reasonable terms and rates of royalty payments as provided in section 118.  The rates applicable under sections 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives: 

(A) To maximize the availability of creative works to the public;

(B) To afford the copyright owner a fair return for his creative work and the copyright user a fair income under existing economic conditions;

(C) To reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication;

(D) To minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices.

(2) To make determinations concerning the adjustment of the copyright royalty rates in section 111 solely in accordance with the following provisions: 

(A) The rates established by section 111(d)(1)(B) may be adjusted to reflect (i) national monetary inflation or deflation or (ii) changes in the average rates charged cable subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar level of the royalty fee per subscriber which existed as of the date of enactment of this Act:  Provided, That if the average rates charged cable system subscribers for the basic service of providing secondary transmissions are changed so

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