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.

(ii) multiplying the number of subscribers receiving each secondary transmission of a network station or the Public Broadcasting Service satellite feed during each calendar month by 6 cents; [61] and

(iii) adding together the totals computed under clauses (i) and (ii).

(2) Investment of fees.  The Register of Copyrights shall receive all fees deposited under this section and, after deducting the reasonable costs incurred by the Copyright Office under this section (other than the costs deducted under paragraph (4)), shall deposit the balance in the Treasury of the United States, in such manner as the Secretary of the Treasury directs.  All funds held by the Secretary of the Treasury shall be invested in interest-bearing securities of the United States for later distribution with interest by the Librarian of Congress as provided by this title.

(3) Persons to whom fees are distributed.  The royalty fees deposited under paragraph (2) shall, in accordance with the procedures provided by paragraph (4), be distributed to those copyright owners whose works were included in a secondary transmission for private home viewing made by a satellite carrier during the applicable 6-month accounting period and who file a claim with the Librarian of Congress under paragraph (4).

(4) Procedures for distribution.  The royalty fees deposited under paragraph (2) shall be distributed in accordance with the following procedures: 

(A) Filing of claims for fees.  During the month of July in each year, each person claiming to be entitled to statutory license fees for secondary transmissions for private home viewing shall file a claim with the Librarian of Congress, in accordance with requirements that the Librarian of Congress shall prescribe by regulation.  For purposes of this paragraph, any claimants may agree among themselves as to the proportionate division of statutory license fees among them, may lump their claims together and file them jointly or as a single claim, or may designate a common agent to receive payment on their behalf.

(B) Determination of controversy; distributions.  After the first day of August of each year, the Librarian of Congress shall determine whether there exists a controversy concerning the distribution of royalty fees.  If the Librarian of Congress determines that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents.  If the Librarian of Congress finds the existence of a controversy, the Librarian of Congress shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty panel to determine the distribution of royalty fees.

(C) Withholding of fees during controversy.  During the pendency of any proceeding under this subsection, the Librarian of Congress shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have discretion to proceed to distribute any amounts that are not in controversy.

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Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 from Project Gutenberg. Public domain.