Wang Xu - "Wenyuange Sikuquanshu"

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The United States Copyright Act of 1976

U >> Unkown >> The United States Copyright Act of 1976





Section 708. Copyright Office fees.

(a) The following fees shall be paid to the Register of Copyrights:

(1) on filing each application for registration of a copyright claim
or a supplementary registration under section 408, including the
issuance of a certificate of registration if registration is made, $10;

(2) on filing each application for registration of a claim to renewal
of a subsisting copyright in its first term under section 304(a),
including the issuance of a certificate of registration if registration
is made, $6;

(3) for the issuance of a receipt for a deposit under section
407, $2;

(4) for the recordation, as provided by section 205, of a transfer
of copyright ownership or other document of six pages or less, covering
no more than one title; $10; for each page over six and each title
over one, 50 cents additional;

(5) for the filing, under section 115(b), of a notice of intention
to make phonorecords, $6;

(6) for the recordation, under section 302(c), of a statement
revealing the identity of an author of an anonymous or
pseudonymous work, or for the recordation, under section 302(d), of a
statement relating to the death of an author, $10 for a document of
six pages or less, covering no more than one title; for each page over
six and for each title over one, $1 additional;

(7) for the issuance, under section 601, of an import statement, $3;

(8) for the issuance, under section 706, of an additional certificate
of registration, $4;

(9) for the issuance of any other certification, $4; the Register of
Copyrights has discretion, on the basis of their cost, to fix the fees
for preparing copies of Copyright Office records, whether they are
to be certified or not;

(10) for the making and reporting of a search as provided by section
705, and for any related services, $10 for each hour or fraction of an
hour consumed;

(11) for any other special services requiring a substantial amount of
time or expense, such fees as the Register of Copyrights may fix on
the basis of the cost of providing the service.

(b) The fees prescribed by or under this section are applicable to the
United States Government and any of its agencies, employees, or
officers, but the Register of Copyrights has discretion to waive the
requirement of this subsection in occasional or isolated cases involving
relatively small amounts.

(c) All fees received under this section shall be deposited by the
Register of Copyrights in the Treasury of the United States and shall
be credited to the appropriation for necessary expenses of the
Copyright Office. The Register may, in accordance with regulations
that he or she shall prescribe, refund any sum paid by mistake or in
excess of the fee required by this section.


Section 709. Delay in delivery caused by disruption of postal or other
services.

In any case in which the Register of Copyrights determines, on the
basis of such evidence as the Register may by regulation require, that a
deposit, application, fee, or any other material to be delivered to the
Copyright Office by a particular date, would have been received in the
Copyright Office in due time except for a general disruption or
suspension of postal or other transportation or communications services,
the actual receipt of such material in the Copyright Office within one
month after the date on which the Register determines that the
disruption or suspension of such services has terminated, shall be
considered timely.


Section 710. Reproduction for use of the blind and physically
handicapped: Voluntary licensing forms and procedures.

The Register of Copyrights shall, after consultation with the Chief
of the Division for the Blind and Physically Handicapped and other
appropriate officials of the Library of Congress, establish by
regulation standardized forms and procedures by which, at the time
applications covering certain specified categories of nondramatic
literary works are submitted for registration under section 408 of this
title, the copyright owner may voluntarily grant to the Library of
Congress a license to reproduce the copyrighted work by means of
Braille or similar tactile symbols, or by fixation of a reading of the
work in a phonorecord, or both, and to distribute the resulting copies or
phonorecords solely for the use of the blind and physically
handicapped and under limited conditions to be specified in the
standardized forms.



CHAPTER 8 - COPYRIGHT ROYALTY TRIBUNAL. Analysis.

Sec.
801. Copyright Royalty Tribunal: Establishment and purpose.
802. Membership of the Tribunal.
803. Procedures of the Tribunal.
804. Institution and conclusion of proceedings.
805. Staff of the Tribunal.
806. Administrative support of the Tribunal.
807. Deduction of costs of proceedings.
808. Reports.
809. Effective date of final determinations.
810. Judicial review.


Section 801. Copyright Royalty Tribunal: Establishment and purpose.

(a) There is hereby an independent Copyright Royalty Tribunal in
the legislative branch.

(b) Subject to the provisions of this chapter, the purposes of the
Tribunal shall be-

(1) to make determinations concerning the adjustment of reasonable
copyright royalty rates as provided in sections 115 and 116, and to
make determinations as to reasonable terms and rates of royalty
payments as provided in section 118. The rates applicable under
sections 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 copyright
royalty rates in section 111 solely in accordance with the following
provisions:

(A) The rates established by section 111(d)(2)(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 that the average rates exceed
national monetary inflation, no change in the rates established
by section 111(d)(2)(B) shall be permitted: And provided
further, That no increase in the royalty fee shall be permitted
based on any reduction in the average number of distant signal
equivalents per subscriber. The Commission may consider all
factors relating to the maintenance of such level of payments
including, as an extenuating factor, whether the cable industry
has been restrained by subscriber rate regulating authorities from
increasing the rates for the basic service of providing secondary
transmissions.

(B) In the event that the rules and regulations of the Federal
Communications Commission are amended at any time after
April 15, 1976, to permit the carriage by cable systems of
additional television broadcast signals beyond the local service
area of the primary transmitters of such signals, the royalty
rates established by section 111(d)(2)(B) may be adjusted to
insure that the rates for the additional distant signal
equivalents resulting from such carriage are reasonable in the
light of the changes effected by the amendment to such rules and
regulations. In determining the reasonableness of rates proposed
following an amendment of Federal Communications Commission
rules and regulations, the Copyright Royalty Tribunal shall
consider, among other factors, the economic impact on copyright
owners and users: Provided, That no adjustment in royalty rates
shall be made under this subclause with respect to any distant
signal equivalent or fraction thereof represented by (i) carriage
of a signal of the same type (that is, independent, network, or
noncommercial educational) substituted for such permitted
signal, or (ii) a television broadcast signal first carried after
April 15, 1976, pursuant to an individual waiver of the rules and
regulations of the Federal Communications Commission, as such
rules and regulations were in effect on April 14, 1976.

(C) In the event of any change in the rules and regulations of
the Federal Communications Commission with respect to syndicated
and sports program exclusivity after April 15, 1976, the rates
established by section 111(d)(2)(B) may be adjusted to assure
that such rates are reasonable in light of the changes to such
rules and regulations, but any such adjustment shall apply only
to the affected television broadcast signals carried on those
systems affected by the change.

(D) The gross receipts limitations established by section
111(d)(2)(C) and (D) shall be adjusted to reflect national
monetary inflation or deflation or changes in the average rates
charged cable system subscribers for the basic service of
providing secondary transmissions to maintain the real constant
dollar value of the exemption provided by such section; and the
royalty rate specified therein shall not be subject to adjustment;
and

(3) As soon as possible after the date of enactment of this Act, and
no later than six months following such date, the President shall
publish a notice announcing the initial appointments provided in
section 802, and shall designate an order of seniority among the
initially-appointed commissioners for purposes of section 802(b).


Section 802. Membership of the Tribunal.

(a) The Tribunal shall be composed of five commissioners appointed
by the President with the advise and consent of the Senate for a term of
seven years each; of the first five members appointed, three shall be
designated to serve for seven years from the date of the notice specified
in section 801(C), and two shall be designated to serve for five years
from such date, respectively. Commissioners shall be compensated at
the highest rate now or hereafter prescribe sic for grade 18 of the
General Schedule pay rates (5 U.S.C. 5332).

(b) Upon convening the commissioners shall elect a chairman from
among the commissioners appointed for a full seven-year term. Such
chairman shall serve for a term of one year. Thereafter, the most senior
commissioner who has not previously served as chairman shall serve as
chairman for a period of one year, except that, if all commissioners
have served a full term as chairman, the most senior commissioner who
has served the least number of terms as chairman shall be designated
as chairman.

(c) Any vacancy in the Tribunal shall not affect its powers and shall
be filed, for the unexpired term of the appointment, in the same manner
as the original appointment was made.


Section 803. Procedures of the Tribunal.

(a) The Tribunal shall adopt regulations, not inconsistent with law,
governing procedure and methods of operation. Except as otherwise
provided in this chapter, the Tribunal shall be subject to the provisions
of the Administrative Procedure Act of June 11, 1946, as amended (c. 324,
60 Stat. 237, title 5, United States Code, chapter 5, subchapter II and
chapter 7).


Section 804. Institution and conclusion of proceedings.

(a) With respect to proceedings under section 801(b)(1) concerning the
investment of royalty rates as provided in sections 115 and 116, and
with respect to proceedings under section 801(b)(2)(A) and (D)-

(1) on January 1, 1980, the Chairman of the Tribunal shall cause to
be published in the Federal Register notice of commencement of
proceedings under this chapter; and

(2) during the calendar years specified in the following schedule,
any owner or user of a copyrighted work whose royalty rates are
specified by this title, or by a rate established by the Tribunal, may
file a petition with the Tribunal declaring that the petitioner
requests an adjustment of the rate. The Tribunal shall make a
determination as to whether the applicant has a significant interest
in the royalty rate in which an adjustment is requested. If the
Tribunal determines that the petitioner has a significant interest,
the Chairman shall cause notice of this determination, with the
reasons therefor, to be published in the Federal Register, together
with notice of commencement of proceedings under this chapter.

(A) In proceedings under section 801(b)(2)(A) and (D), such
petition may be filed during 1985 and in each subsequent fifth
calendar year.

(B) In proceedings under section 801(b)(1) concerning the
adjustment of royalty rates as provided in section 115, such petition
may be filed in 1987 and in each subsequent tenth calendar year.

(C) In proceedings under section 801(b)(1) concerning the
adjustment of royalty rates under section 116, such petition may be
filed in 1990 and in each subsequent tenth calendar year.

(b) With respect to proceedings under subclause (B) or (C) of section
(_)(2), following an event described in either of those subsections,
any ____ or user of a copyrighted work whose royalty rates are specified by
section ____ by a rate established by the Tribunal, may, within twelve
months, file a ___on with the Tribunal declaring that the petitioner
requests an adjustment of the rate. In this event the Tribunal shall
proceed as in subsection (a)(2), above. Any change in royalty rates made
by the Tribunal pursuant to this subsection may be reconsidered in 1980,
1985, and each fifth calendar year thereafter, in accordance with the
provisions in section 801(b)(2)(B) or (C), as the case may be.

(c) With respect to proceedings under section 801(b)(1), concerning the
determination of reasonable terms and rates of royalty payments as
provided in section 118, the Tribunal shall proceed when and as
provided by that section.

(d) With respect to proceedings under section 801(b)(3), concerning the
distribution of royalty fees in certain circumstances under sections 111 or
116, the Chairman of the Tribunal shall, upon determination by the
Tribunal that a controversy exists concerning such distribution, cause to
be published in the Federal Register notice of commencement of
proceedings under this chapter.

(e) All proceedings under this chapter shall be initiated without
delay following publication of the notice specified in this section, and
the Tribunal shall render its final decision in any such proceeding with
one year from the date of such publication.


Section 805. Staff of the Tribunal.

(a) The Tribunal is authorized to appoint and fix the compensation of
such employees as may be necessary to carry out the provisions of this
chapter, and to prescribe their functions and duties.

(b) The Tribunal may procure temporary and intermittent services to
the same extent as is authorized by section 3109 of title 5.


Section 806. Administrative support of the Tribunal.

(a) The Library of Congress shall provide the Tribunal with
necessary administrative services, including those related to budgeting,
accounting, financial reporting, travel, personnel, and procurement. The
Tribunal shall pay the Library for such services, either in advance or
by reimbursement from the funds of the Tribunal, at amounts to be
agreed upon between the Librarian and the Tribunal.

(b) The Library of Congress is authorized to disburse funds for the
Tribunal, under regulations prescribed jointly by the Librarian of
Congress and the Tribunal and approved by the Comptroller General.
Such regulations shall establish requirements and procedures under
which every voucher certified for payment by the Library of Congress
under this chapter shall be supported with a certification by a duly
authorized officer or employee of the Tribunal, and shall prescribe the
responsibilities and accountability of said officers and employees of
the Tribunal with respect to such certifications.


Section 807. Deduction of costs of proceedings.

Before any funds are distributed pursuant to a final decision in a
proceeding involving distribution of royalty fees, the Tribunal shall
assess the reasonable costs of such proceeding.


Section 808. Reports.

In addition to its publication of the reports of all final
determinations as provided in section 803(b), the Tribunal shall make
an annual report to the President and the Congress concerning the
Tribunal's work during the preceding fiscal year, including a detailed
fiscal statement of account.


Section 809. Effective date of final determinations.

Any final determination by the Tribunal under this chapter shall
become effective thirty days following its publication in the Federal
Register as provided in section 803(b), unless prior to that time an
appeal has been filed pursuant to section 810, to vacate, modify, or
correct such determination, and notice of such appeal has been served on
all parties who appeared before the Tribunal in the proceeding in
question. Where the proceeding involves the distribution of royalty
fees under sections 111 or 116, the Tribunal shall, upon the expiration of
such thirty-day period, distribute any royalty fees not subject to an
appeal filed pursuant to section 810.


Section 810. Judicial review.

Any final decision of the Tribunal in a proceeding under section 801(b)
may be appealed to the United States Court of Appeals, within thirty
days after its publication in the Federal Register by an aggrieved
party. The judicial review of the decision shall be had, in accordance
with chapter 7 of title 5, on the basis of the record before the Tribunal.
No court shall have jurisdiction to review a final decision of the
Tribunal except as provided in this section.

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