(f) Action by the Librarian of Congress.  Within 60 days after receiving the report of the Arbitration Panel under subsection (e), the Librarian of Congress shall adopt or reject the determination of the Panel.  The Librarian of Congress shall adopt the determination of the Panel unless the Librarian of Congress finds that the determination is clearly erroneous.  If the Librarian of Congress rejects the determination of the Panel, the Librarian of Congress shall, before the end of that 60-day period, and after full examination of the record created in the arbitration proceeding, issue an order setting forth the Librarian’s decision and the reasons therefor.  The Librarian of Congress shall cause to be published in the Federal Register the determination of the Panel and the decision of the Librarian of Congress under this subsection with respect to the determination (including any order issued under the preceding sentence).

(g) Judicial Review.  Any decision of the Librarian of Congress under subsection (f) with respect to a determination of the Arbitration Panel may be appealed, by a party to the arbitration, to the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the publication of the decision in the Federal Register.  The pendency of an appeal under this subsection shall not stay the decision of the Librarian of Congress.  The court shall have jurisdiction to modify or vacate a decision of the Librarian of Congress only if it finds, on the basis of the record before the Librarian of Congress, that the Arbitration Panel or the Librarian of Congress acted in an arbitrary manner.  If the court modifies the decision of the Librarian of Congress, the court shall have jurisdiction to enter its own decision in accordance with its final judgment.  The court may further vacate the decision of the Librarian of Congress and remand the case for arbitration proceedings as provided in this section.

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Chapter 10 Endnotes

1 The Audio Home Recording Act of 1992 added chapter 10, entitled “Digital Audio Recording Devices and Media,” to title 17.  Pub.  L. No. 102-563, 106 Stat. 4237.

2 The Copyright Royalty Tribunal Reform Act of 1993 amended section 1004(a)(3) by substituting “Librarian of Congress” in lieu of “Copyright Royalty Tribunal,” where appropriate.  Pub.  L. No. 103-198, 107 Stat. 2304, 2312.

3 The Copyright Royalty Tribunal Reform Act of 1993 amended section 1005 by striking the last sentence which began “The Register shall submit to the Copyright Royalty Tribunal.”  Pub.  L. No. 103-198, 107 Stat. 2304, 2312.

4 The Copyright Royalty Tribunal Reform Act of 1993 amended section 1006(c) by substituting “Librarian of Congress” in lieu of “Copyright Royalty Tribunal,” where appropriate.  Pub.  L. No. 103-198, 107 Stat. 2304, 2312.  In 1997, section 1006(b)(1) was amended to insert “Federation of Television” in lieu of “Federation Television” wherever it appeared.  Pub.  L. No. 105-80, 111 Stat. 1529, 1535.