Royal Judge appointment of Copyright Judge Shirley Temple in and..Public Information of review into George Lucas original work

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From: guy perea <guyperea@gmail.com>
Date: Tue, 19 Mar 2013 17:24:10 +0000
Subject: Royal Judge appointment of Copyright Judge Shirley Temple in
and..Public Information
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From: guyperea <guyperea@gmail.com>
Date: Fri, 18 Mar 2011 13:53:53 -0700 (PDT)
Subject: [FBI Latest] Royal Judge appointment of Copyright Judge
Shirley Temple in and...
To: guyperea@gmail.com

§







01 Proceedings by Copyright Royalty Judges § 801 · Copyright Royalty
Judges; appointment and functions2 (a) Appointment.—The Librarian of
Congress shall appoint 3 full-time Copyright Royalty Judges, and shall
appoint 1 of the 3 as the Chief Copyright Royalty Judge. The Librarian
shall make appointments to such positions after consultation with the
Register of Copyrights. (b) Functions.—Subject to the provisions of
this chapter, the functions of the Copyright Royalty Judges shall be as
follows: (1) To make determinations and adjustments of reasonable terms
and rates of royalty payments as provided in sections 112(e), 114, 115,
116, 118, 119, and 1004. The rates applicable under sections
114(f)(1)(B), 115, and 116 shall be cal-culated 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 or her 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 expres-sion and
media for their communication. (D) To minimize any disruptive impact on
the structure of the indus-tries involved and on generally prevailing
industry practices. (2) To make determinations concerning the
adjustment of the copy-right royalty rates under 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 con-stant dollar level of the
royalty fee per subscriber which existed as of the date of October 19,
1976, except that— (I) 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)(1)(B)
shall be permitted; and (II) no increase in the royalty fee shall be
permitted based on any reduc-tion in the average number of distant
signal equivalents per subscriber. The Copyright Royalty Judges may
consider all factors relating to the maintenance of such level of
payments, including, as an extenuating fac-tor, whether the industry
has been restrained by subscriber rate regulating 1






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 01 authorities from increasing the rates for the basic service
of providing sec-ondary transmissions. (B) In the event that the rules
and regulations of the Federal Communi-cations Commission are amended
at any time after April 15, 1976, to permit the carriage by cable
systems of additional television broadcast signals be-yond t he l ocal
s ervice a rea o f the p rimary t ransmitters o f such s ignals, the
royalty rates established by section 111(d)(1)(B) may be adjusted to
ensure 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 reasonable-ness of rates proposed following an amendment of Federal
Communica-tions Commission rules and regulations, the Copyright Royalty
Judges shall consider, among other factors, the economic impact on
copyright owners and users; except that no adjustment in royalty rates
shall be made under this subparagraph with respect to any distant
signal equivalent or fraction thereof represented by— (i) carriage of
any signal permitted under the rules and regulations of the Federal
Communications Commission in effect on April 15, 1976, or the carriage
of a signal of the same type (that is, independent, net-work, or
noncommercial educational) substituted for such permitted signal; or
(ii) a television broadcast signal first carried after April 15, 1976,
pur-suant to an individual waiver of the rules and regulations of the
Federal Communications Commission, as such rules and regulations were
in effect on April 15, 1976. (C) In the event of any change in the
rules and regulations of the Fed-eral Communications Commission with
respect to syndicated and sports program exclusivity after April 15,
1976, the rates established by section 111(d)(1)(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)(1) (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. (3)(A) To authorize the
distribution, under sections 111, 119, and 1007, of those royalty fees
collected under sections 111, 119, and 1005, as the case may be, to the
extent that the Copyright Royalty Judges have found that the
distribu-tion of such fees is not subject to controversy. Copyright Law
of the United States






1 § 01 Proceedings by Copyright Royalty Judges (B) In cases where the
Copyright Royalty Judges determine that controversy exists, the
Copyright Royalty Judges shall determine the distribution of such fees,
including partial distributions, in accordance with section 111, 119,
or 1007, as the case may be. (C) Notwithstanding section 804(b)(8), the
Copyright Royalty Judges, at any time after the filing of claims under
section 111, 119, or 1007, may, upon motion of one or more of the
claimants and after publication in the Federal Register of a request
for responses to the motion from interested claimants, make a partial
distribution of such fees, if, based upon all responses received during
the 30-day period beginning on the date of such publication, the
Copyright Royalty Judges conclude that no claimant entitled to receive
such fees has stated a reasonable objection to the partial
distribution, and all such claimants— (i) agree to the partial
distribution; (ii) sign an agreement obligating them to return any
excess amounts to the extent necessary to comply with the final
determination on the distribu-tion of the fees made under subparagraph
(B); (iii) file the agreement with the Copyright Royalty Judges; and
(iv) agree that such funds are available for distribution. (D) The
Copyright Royalty Judges and any other officer or employee act-ing in
good faith in distributing funds under subparagraph (C) shall not be
held liable for the payment of any excess fees under subparagraph (C).
The Copyright Royalty Judges shall, at the time the final determination
is made, calculate any such excess amounts. (4) To accept or reject
royalty claims filed under sections 111, 119, and 1007, on the basis of
timeliness or the failure to establish the basis for a claim. (5) To
accept or reject rate adjustment petitions as provided in section 804
and petitions to participate as provided in section 803(b) (1) and (2).
(6) To determine the status of a digital audio recording device or a
digital au-dio interface device under sections 1002 and 1003, as
provided in section 1010. (7)(A) To adopt as a basis for statutory
terms and rates or as a basis for the distribution of stat utory
royalty payments, an agreement concerning such matters reached among
some or all of the participants in a proceeding at any time during the
proceeding, except that— (i) the Copyright Royalty Judges shall provide
to those that would be bound by the terms, rates, or other
determination set by any agreement in a proceeding to determine royalty
rates an opportunity to comment on the agreement and shall provide to
participants in the proceeding under section 803(b)(2) that would be
bound by the terms, rates, or other determi-nation set by the agreement
an opportunity to comment on the agreement and object to its adoption
as a basis for statutory terms and rates; and (ii) the Copyright
Royalty Judges may decline to adopt the agreement as a basis for
statutory terms and rates for participants that are not parties 1






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 0 to the agreement, if any participant described in clause (i)
objects to the agreement and the Copyright Royalty Judges conclude,
based on the record before them if one exists, that the agreement does
not provide a reasonable basis for setting statutory terms or rates.
(B) License agreements voluntarily negotiated pursuant to section
112(e)(5), 114(f)(3), 115(c)(3)(E)(i), 116(c), or 118(b)(2) that do not
result in statutory terms and rates shall not be subject to clauses (i)
and (ii) of subparagraph (A). (C) Interested parties may negotiate and
agree to, and the Copyright Roy-alty Judges may adopt, an agreement
that specifies as terms notice and record-keeping requirements that
apply in lieu of those that would otherwise apply under regulations.
(8) To perform other duties, as assigned by the Register of Copyrights
with-in the Library of Congress, except as provided in section 802(g),
at times when Copyright Royalty Judges are not engaged in performing
the other duties set forth in this section. (c) Rulings.—The Copyright
Royalty Judges may make any necessary proce-dural or evidentiary
rulings in any proceeding under this chapter and may, before commencing
a proceeding under this chapter, make any such rulings that would apply
to the proceedings conducted by the Copyright Royalty Judges. (d)
Administrative Support.—The Librarian of Congress shall provide the
Copyright Royalty Judges with the necessary administrative services
related to proceedings under this chapter. (e) Location in Library of
Congress.—The offices of the Copyright Roy-alty Judges and staff shall
be in the Library of Congress. (f) Effective Date of Actions.—On and
after the date of the enactment of the Copyright Royalty and
Distribution Reform Act of 2004, in any case in which time limits are
prescribed under this title for performance of an action with or by the
Copyright Royalty Judges, and in which the last day of the pre-scribed
period falls on a Saturday, Sunday, holiday, or other nonbusiness day
within the District of Columbia or the Federal Government, the action
may be taken on the next succeeding business day, and is effective as
of the date when the period expired. § 802 · Copyright Royalty
Judgeships; staff3 (a) Qualifications of Copyright Royalty Judges.— (1)
In general.—Each Copyright Royalty Judge shall be an attorney who has
at least 7 years of legal experience. The Chief Copyright Royalty Judge
shall have at least 5 years of experience in adjudications,
arbitrations, or court trials. Of the other 2 Copyright Royalty Judges,
1 shall have sig-nificant knowledge of copyright law, and the other
shall have significant Copyright Law of the United States






1 § 0 Proceedings by Copyright Royalty Judges knowledge of economics.
An individual may serve as a Copyright Royalty Judge only if the
individual is free of any financial conflict of interest under
subsection (h). (2) Definition.—In this subsection, the
term "adjudication" has the mean-ing given that term in section 551 of
title 5, but does not include mediation. (b) Staff.—The Chief Copyright
Royalty Judge shall hire 3 full-time staff members to assist the
Copyright Royalty Judges in performing their functions. (c) Terms.—The
individual first appointed as the Chief Copyright Royalty Judge shall
be appointed to a term of 6 years, and of the remaining individuals
first appointed as Copyright Royalty Judges, 1 shall be appointed to a
term of 4 years, and the other shall be appointed to a term of 2 years.
Thereafter, the terms of succeeding Copyright Royalty Judges shall each
be 6 years. An individual serv-ing as a Copyright Royalty Judge may be
reappointed to subsequent terms. The term of a Copyright Royalty Judge
shall begin when the term of the predecessor of that Copyright Royalty
Judge ends. When the term of office of a Copyright Royalty Judge ends,
the individual serving that term may continue to serve until a
successor is selected. (d) Vacancies or Incapacity.— (1) Vacancies.—If
a vacancy should occur in the position of Copyright Royalty Judge, the
Librarian of Congress shall act expeditiously to fill the va-cancy, and
may appoint an interim Copyright Royalty Judge to serve until an-other
Copyright Royalty Judge is appointed under this section. An individual
appointed to fill the vacancy occurring before the expiration of the
term for which the predecessor of that individual was appointed shall
be appointed for the remainder of that term. (2) Incapacity.—In the
case in which a Copyright Royalty Judge is tem-porarily unable to
perform his or her duties, the Librarian of Congress may appoint an
interim Copyright Royalty Judge to perform such duties during the
period of such incapacity. (e) Compensation.— (1) Judges.—The Chief
Copyright Royalty Judge shall receive compensa-tion at the rate of
basic pay payable for level AL-1 for administrative law judges pursuant
to section 5372(b) of title 5, and each of the other two Copyright
Roy-alty Judges shall receive compensation at the rate of basic pay
payable for level AL-2 for administrative law judges pursuant to such
section. The compensation of the Copyright Royalty Judges shall not be
subject to any regulations adopted by the Office of Personnel
Management pursuant to its authority under section 5376(b)(1) of title
5. (2) Staff members.—Of the staff members appointed under subsection
(b)— (A) the rate of pay of 1 staff member shall be not more than the
basic rate of pay payable for level 10 of GS-15 of the General
Schedule; 1






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 0 (B) the rate of pay of 1 staff member shall be not less than
the basic rate of pay payable for GS-13 of the General Schedule and not
more than the basic rate of pay payable for level 10 of GS-14 of such
Schedule; and (C) the rate of pay for the third staff member shall be
not less than the basic rate of pay payable for GS-8 of the General
Schedule and not more than the basic rate of pay payable for level 10
of GS-11 of such Schedule. (3) Locality pay.—All rates of pay referred
to under this subsection shall include locality pay. (f) Independence
of Copyright Royalty Judge.— (1) In making determinations.— (A) In
general.—(i) Subject to subparagraph (B) and clause (ii) of this
subparagraph, the Copyright Royalty Judges shall have full independence
in making determinations concerning adjustments and determinations of
copyright royalty rates and terms, the distribution of copyright
royalties, the acceptance or rejection of royalty claims, rate
adjustment petitions, and petitions to participate, and in issuing
other rulings under this title, except that the Copyright Royalty
Judges may consult with the Register of Copy-rights on any matter other
than a question of fact. (ii) One or more Copyright Royalty Judges may,
or by motion to the Copyright Royalty Judges, any participant in a
proceeding may, request from the Register of Copyrights an
interpretation of any material ques-tions of s ubstantive law that
relate to the construction of p rovisions of t his title and arise in
the course of the proceeding. Any request for a written interpretation
shall be in writing and on the record, and reasonable provi-sion shall
be made to permit participants in the proceeding to comment on the
material questions of substantive law in a manner that minimizes
duplication and delay. Except as provided in subparagraph (B), the
Regis-ter of Copyrights shall deliver to the Copyright Royalty Judges a
written response within 14 days after the receipt of all briefs and
comments from the participants. The Copyright Royalty Judges shall
apply the legal in-terpretation embodied in the response of the
Register of Copyrights if it is timely delivered, and the response
shall be included in the record that accompanies the final
determination. The authority under this clause shall not be construed
to authorize the Register of Copyrights to provide an in-terpretation
of questions of procedure before the Copyright Royalty Judges, the
ultimate adjustments and determinations of copyright royalty rates and
terms, the ultimate distribution of copyright royalties, or the
acceptance or rejection of royalty claims, rate adjustment petitions,
or petitions to participate in a proceeding. (B) Novel questions.—(i)
In any case in which a novel material ques-tion of substantive law
concerning an interpretation of those provisions of this title that are
the subject of the proceeding is presented, the Copyright Copyright Law
of the United States






1 § 0 Proceedings by Copyright Royalty Judges Royalty Judges shall
request a decision of the Register of Copyrights, in writing, to
resolve such novel question. Reasonable provision shall be made for
comment on such request by the participants in the proceeding, in such
a way as to minimize duplication and delay. The Register of Copyrights
shall transmit his or her decision to the Copyright Royalty Judges
within 30 days after the Register of Copyrights receives all of the
briefs or comments of the participants. Such decision shall be in
writing and included by the Copyright Royalty Judges in the record that
accompanies their final deter-mination. If such a decision is timely
delivered to the Copyright Royalty Judges, the Copyright Royalty Judges
shall apply the legal determinations embodied in the decision of the
Register of Copyrights in resolving mate-rial questions of substantive
law. (ii) In clause (i), a "novel question of law" is a question of law
that has not been determined in prior decisions, determinations, and
rulings described in section 803(a). (C) Consultation.—Notwithstanding
the provisions of subparagraph (A), the Copyright Royalty Judges shall
consult with the Register of Copy-rights with respect to any
determination or ruling that would require that any act be performed by
the Copyright Office, and any such determination or ruling shall not be
binding upon the Register of Copyrights. (D) Review of legal
conclusions by the register of copyrights.—The Register of C opyrights
may review for legal error the resolu-tion by the Copyright Royalty
Judges of a material question of substantive law under this title that
underlies or is contained in a final determination of the Copyright
Royalty Judges. If the Register of Copyrights concludes, after taking
into consideration the views of the participants in the pro-ceeding,
that any resolution reached by the Copyright Royalty Judges was in
material error, the Register of Copyrights shall issue a written
decision correcting such legal error, which shall be made part of the
record of the proceeding. The Register of Copyrights shall issue such
written decision not later than 60 days after the date on which the
final determination by the Copyright Royalty Judges is issued.
Additionally, the Register of Copyrights shall cause to be published in
the Federal Register such writ-ten decision, together with a specific
identification of the legal conclusion of the Copyright Royalty Judges
that is determined to be erroneous. As to conclusions of substantive
law involving an interpretation of the statutory provisions of this
title, the decision of the Register of Copyrights shall be binding as
precedent upon the Copyright Royalty Judges in subsequent proceedings
under this chapter. When a decision has been rendered pursu-ant to this
subparagraph, the Register of Copyrights may, on the basis of and in
accordance with such decision, intervene as of right in any appeal of a
final determination of the Copyright Royalty Judges pursuant to section
1






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 0 803(d) in the United States Court of Appeals for the
District of Columbia Circuit. If, prior to intervening in such an
appeal, the Register of Copy-rights gives notification to, and
undertakes to consult with, the Attorney General with respect to such
intervention, and the Attorney General fails, within a reasonable
period after receiving such notification, to intervene in such appeal,
the Register of C opyrights may intervene in such appeal in his or her
own name by any attorney designated by the Register of Copyrights for
such purpose. Intervention by the Register of Copyrights in his or her
own name shall not preclude the Attorney General from intervening on
behalf of the United States in such an appeal as may be otherwise
provided or required by law. (E) Effect on judicial review.—Nothing in
this section shall be interpreted to alter the standard applied by a
court in reviewing legal deter-minations involving an interpretation or
construction of the provisions of this title or to affect the extent to
which any construction or interpretation of the provisions of this
title shall be accorded deference by a reviewing court. (2) Performance
appraisals.— (A) In general.—Notwithstanding any other provision of law
or any regulation of the Library of C ongress, and subject to
subparagraph (B), the Copyright Royalty Judges shall not receive
performance appraisals. (B) Relating to sanction or removal.—To the
extent that the Li-brarian of Congress adopts regulations under
subsection (h) relating to the sanction or removal of a Copyright
Royalty Judge and such regulations require documentation to establish
the cause of such sanction or removal, the Copyright Royalty Judge may
receive an appraisal related specifically to the cause of the sanction
or removal. (g) Inconsistent Duties Barred.—No Copyright Royalty Judge
may un-dertake duties that conflict with his or her duties and
responsibilities as a Copy-right Royalty Judge. (h) Standards of
Conduct.—The Librarian of Congress shall adopt regula-tions regarding
the standards of conduct, including financial conflict of interest and
restrictions against ex parte communications, which shall govern the
Copy-right Royalty Judges and the proceedings under this chapter. (i)
Removal or Sanction.—The Librarian of Congress may sanction or remove a
Copyright Royalty Judge for violation of the standards of conduct
ad-opted under subsection (h), misconduct, neglect of duty, or any
disqualifying physical or mental disability. Any sanction or removal
may be made only after notice and opportunity for a hearing, but the
Librarian of Congress may suspend the Copyright Royalty Judge during
the pendency of such hearing. The Librar-ian shall appoint an interim
Copyright Royalty Judge during the period of any such suspension.
Copyright Law of the United States






1 § 0 Proceedings by Copyright Royalty Judges § 803 · Proceedings of
Copyright Royalty Judges4 (a) Proceedings.— (1) In general.—The
Copyright Royalty Judges shall act in accordance with this title, and
to the extent not inconsistent with this title, in accordance with
subchapter II of chapter 5 of title 5, in carrying out the purposes set
forth in section 801. The Copyright Royalty Judges shall act in
accordance with regulations issued by the Copyright Royalty Judges and
the Librarian of Congress, and on the basis of a written record, prior
determinations and inter-pretations of the Copyright Royalty Tribunal,
Librarian of Congress, the Reg-ister of Copyrights, copyright
arbitration royalty panels (to the extent those determinations are not
inconsistent with a decision of the Librarian of Con-gress or the
Register of Copyrights), and the Copyright Royalty Judges (to the
extent those determinations are not inconsistent with a decision of the
Register of Copyrights that was timely delivered to the Copyright
Royalty Judges pursuant to section 802(f)(1) (A) or (B), or with a
decision of the Register of Copyrights pursuant to section
802(f)(1)(D)), under this chap-ter, and decisions of the court of
appeals under this chapter before, on, or after the effective date of
the Copyright Royalty and Distribution Reform Act of 2004. (2) Judges
acting as panel and individually.—The Copyright Roy-alty Judges shall
preside over hearings in proceedings under this chapter en banc. The
Chief Copyright Royalty Judge may designate a Copyright Royalty Judge
to preside individually over such collateral and administrative
proceed-ings, and over such proceedings under paragraphs (1) through
(5) of subsec-tion (b), as the Chief Judge considers appropriate. (3)
Determinations.—Final determinations of the Copyright Royalty Judges in
proceedings under this chapter shall be made by majority vote. A
Copyright Royalty Judge dissenting from the majority on any
determination under this chapter may issue his or her dissenting
opinion, which shall be included with the determination. (b)
Procedures.— (1) Initiation.— (A) Call for petitions to
participate.—(i) The Copyright Royalty Judges shall cause to be
published in the Federal Register notice of com-mencement of
proceedings under this chapter, calling for the filing of peti-tions to
participate in a proceeding under this chapter for the purpose of
making the relevant determination under section 111, 112, 114, 115,
116, 118, 119, 1004, or 1007, as the case may be— (I) promptly upon a
determination made under section 804(a); (II) by no later than January
5 of a year specified in paragraph (2) of section 804(b) for the
commencement of proceedings; 1 0






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 0 (III) by no later than January 5 of a year specified in
subparagraph (A) or (B) of paragraph (3) of section 804(b) for the
commencement of proceedings, or as otherwise provided in subparagraph
(A) or (C) of such paragraph for the commencement of proceedings; (IV)
as provided under section 804(b)(8); or (V) by no later than January 5
of a year specified in any other provi-sion of section 804(b) for the
filing of petitions for the commencement of proceedings, if a petition
has not been filed by that date, except that the publication of notice
requirement shall not apply in the case of pro-ceedings under section
111 that are scheduled to commence in 2005. (ii) Petitions to
participate shall be filed by no later than 30 days after publication
of notice of commencement of a proceeding under clause (i), except that
the Copyright Royalty Judges may, for substantial good cause shown and
if there is no prejudice to the participants that have already filed
petitions, accept late petitions to participate at any time up to the
date that is 90 days before the date on which participants in the
proceeding are to file their written direct statements. Notwithstanding
the preceding sentence, petitioners whose petitions are filed more than
30 days after publication of notice of commencement of a proceeding are
not eligible to object to a settlement reached during the voluntary
negotiation period under para-graph (3), and any objection filed by
such a petitioner shall not be taken into account by the Copyright
Royalty Judges. (B) Petitions to participate.—Each petition to
participate in a pro-ceeding shall describe the petitioner's interest
in the subject matter of the pro-ceeding. Parties with similar
interests may file a single petition to participate. (2) Participation
in general.—Subject to paragraph (4), a person may participate in a
proceeding under this chapter, including through the submis-sion of
briefs or other information, only if— (A) that person has filed a
petition to participate in accordance with paragraph (1) (either
individually or as a group under paragraph (1)(B)); (B) the Copyright
Royalty Judges have not determined that the petition to participate is
facially invalid; (C) the Copyright Royalty Judges have not determined,
sua sponte or on the motion of another participant in the proceeding,
that the person lacks a significant interest in the proceeding; and (D)
the petition to participate is accompanied by either— (i) in a
proceeding to determine royalty rates, a filing fee of $150; or (ii) in
a proceeding to determine distribution of royalty fees— (I) a filing
fee of $150; or (II) 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.
Copyright Law of the United States






1 1§ 0 Proceedings by Copyright Royalty Judges (3) Voluntary
negotiation period.— (A) Commencement of proceedings.— (i) Rate
adjustment proceeding.—Promptly after the date for filing of petitions
to participate in a proceeding, the Copyright Royalty Judges shall make
available to all participants in the proceeding a list of such
participants and shall initiate a voluntary negotiation period among
the participants. (ii) Distribution proceeding.—Promptly after the date
for filing of petitions to participate in a proceeding to determine the
distribution of royalties, the Copyright Royalty Judges shall make
available to all participants in the proceeding a list of such
participants. The initiation of a voluntary negotiation period among
the participants shall be set at a time determined by the Copyright
Royalty Judges. (B) Length of proceedings.—The voluntary negotiation
period ini-tiated under subparagraph (A) shall be 3 months. (C)
Determination of subsequent proceedings.—At the close of the voluntary
negotiation proceedings, the Copyright Royalty Judg-es shall, if
further proceedings under this chapter are necessary, deter-mine w
hether a nd t o w hat e xtent p aragraphs (4) a nd (5) w ill a pply t o
t he parties. (4) Small claims procedure in distribution proceedings.—
(A) In general.—If, in a proceeding under this chapter to determine the
distribution of royalties, the contested amount of a claim is $10,000
or less, the Copyright Royalty Judges shall decide the controversy on
the basis of the filing of the written direct statement by the
participant, the response by any opposing participant, and 1 additional
response by each such party. (B) Bad faith inflation of claim.—If the
Copyright Royalty Judges determine that a participant asserts in bad
faith an amount in controversy in excess of $10,000 for the purpose of
avoiding a determination under the procedure set forth in subparagraph
(A), the Copyright Royalty Judges shall impose a fine on that
participant in an amount not to exceed the dif-ference between the
actual amount distributed and the amount asserted by the participant.
(5) Paper proceedings.—The Copyright Royalty Judges in proceedings
under this chapter may decide, sua sponte or upon motion of a
participant, to determine issues on the basis of the filing of the
written direct statement by the participant, the response by any
opposing participant, and one additional response by each such
participant. Prior to making such decision to proceed on such a paper
record only, the Copyright Royalty Judges shall offer to all parties to
the proceeding the opportunity to comment on the decision. The
procedure under this paragraph— 1






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 0 (A) shall be applied in cases in which there is no genuine
issue of mate-rial fact, there is no need for evidentiary hearings, and
all participants in the proceeding agree in writing to the procedure;
and (B) may be applied under such other circumstances as the Copyright
Royalty Judges consider appropriate. (6) Regulations.— (A) In
general.—The Copyright Royalty Judges may issue regulations to carry
out their functions under this title. A ll regulations issued by the
Copyright Royalty Judges are subject to the approval of the Librarian
of Congress. Not later than 120 days after Copyright Royalty Judges or
in-terim Copyright Royalty Judges, as the case may be, are first
appointed after the enactment of the Copyright Royalty and Distribution
Reform Act of 2004, such judges shall issue regulations to govern
proceedings under this chapter. (B) Interim regulations.—Until
regulations are adopted under sub-paragraph (A), the Copyright Royalty
Judges shall apply the regulations in effect under this chapter on the
day before the effective date of the Copy-right Royalty and
Distribution Reform Act of 2004, to the extent such regu-lations are
not inconsistent with this chapter, except that functions carried out
under such regulations by the Librarian of Congress, the Register of
Copyrights, or copyright arbitration royalty panels that, as of such
date of enactment, are to be carried out by the Copyright Royalty
Judges under this chapter, shall be carried out by the Copyright
Royalty Judges under such regulations. (C) Requirements.—Regulations
issued under subparagraph (A) shall include the following: (i) The
written direct statements and written rebuttal statements of all
participants in a proceeding under paragraph (2) shall be filed by a
date specified by the Copyright Royalty Judges, which, in the case of
written direct statements, may be not earlier than 4 months, and not
later than 5 months, after the end of the voluntary negotiation period
under para-graph (3). Notwithstanding the preceding sentence, the
Copyright Roy-alty Judges may allow a participant in a proceeding to
file an amended written direct statement based on new information
received during the discovery process, within 15 days after the end of
the discovery period specified in clause (iv). (ii)(I) Following the
submission to the Copyright Royalty Judges of written direct statements
and written rebuttal statements by the par-ticipants in a proceeding
under paragraph (2), the Copyright Royalty Judges, after taking into
consideration the views of the participants in the proceeding, shall
determine a schedule for conducting and complet-ing discovery.
Copyright Law of the United States






1 § 0 Proceedings by Copyright Royalty Judges (II) In this chapter, the
term "written direct statements" means wit-ness s tatements, testimony,
and e xhibits t o b e p resented i n t he p roceed-ings, and such other
information that is necessary to establish terms and rates, or the
distribution of royalty payments, as the case may be, as set forth in
regulations issued by the Copyright Royalty Judges. (iii) Hearsay may
be admitted in proceedings under this chapter to the extent deemed
appropriate by the Copyright Royalty Judges. (iv) Discovery in
connection with written direct statements shall be permitted for a
period of 60 days, except for discovery ordered by the Copyright
Royalty Judges in connection with the resolution of motions, orders,
and disputes pending at the end of such period. The Copyright Royalty
Judges may order a discovery schedule in connection with writ-ten
rebuttal statements. (v) Any participant under paragraph (2) in a
proceeding under this chapter to determine royalty rates may request of
an opposing par-ticipant nonprivileged documents directly related to
the written di-rect statement or written rebuttal statement of that
participant. Any objection to such a request shall be resolved by a
motion or request to compel production made to the Copyright Royalty
Judges in ac-cordance with regulations adopted by the Copyright Royalty
Judges. Each motion or request to compel discovery shall be determined
by the Copyright Royalty Judges, or by a Copyright Royalty Judge when
permitted under subsection (a)(2). Upon such motion, the Copyright
Royalty Judges may order discovery pursuant to regulations established
under this paragraph. (vi)(I) Any participant under paragraph (2) in a
proceeding un-der this chapter to determine royalty rates may, by means
of written motion or on the record, request of an opposing participant
or wit-ness other relevant information and materials if, absent the
discovery sought, the Copyright Royalty Judges' resolution of the
proceeding would be substantially impaired. In determining whether
discovery will be granted under this clause, the Copyright Royalty
Judges may consider— (aa) whether the burden or expense of producing
the requested information or materials outweighs the likely benefit,
taking into ac-count the needs and resources of the participants, the
importance of the issues at stake, and the probative value of the
requested informa-tion or materials in resolving such issues; (bb)
whether the requested information or materials would be unreasonably
cumulative or duplicative, or are obtainable from an-other source that
is more convenient, less burdensome, or less expen-sive; and 1






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 0 (cc) whether the participant seeking discovery has had ample
op-portunity by discovery in the proceeding or by other means to obtain
the information sought. (II) This clause shall not apply to any
proceeding scheduled to com-mence after December 31, 2010. (vii) In a
proceeding under this chapter to determine royalty rates, the
participants entitled to receive royalties shall collectively be
permitted to take no more than 10 depositions and secure responses to
no more than 25 interrogatories, and the participants obligated to pay
royalties shall collectively be permitted to take no more than 10
depositions and secure responses to no more than 25 interrogatories.
The Copyright Royalty Judges shall resolve any disputes among similarly
aligned participants to allocate the number of depositions or
interrogatories permitted under this clause. (viii) The rules and
practices in effect on the day before the effective date of the
Copyright Royalty and Distribution Reform Act of 2004, relating to
discovery in proceedings under this chapter to determine the
distribution of royalty fees, shall continue to apply to such
proceedings on and after such effective date. (ix) In proceedings to
determine royalty rates, the Copyright Roy-alty Judges may issue a
subpoena commanding a participant or witness to appear and give
testimony, or to produce and permit inspection of documents or tangible
things, if the Copyright Royalty Judges' resolu-tion of the proceeding
would be substantially impaired by the absence of such testimony or
production of documents or tangible things. Such subpoena shall specify
with reasonable particularity the materials to be produced or the scope
and nature of the required testimony. Nothing in this clause shall
preclude the Copyright Royalty Judges from request-ing the production
by a nonparticipant of information or materials relevant to the
resolution by the Copyright Royalty Judges of a material issue of fact.
(x) The Copyright Royalty Judges shall order a settlement conference
among the participants in the proceeding to facilitate the presentation
of offers of settlement among the participants. The settlement
confer-ence shall be held during a 21-day period following the 60-day
discovery period specified in clause (iv) and shall take place outside
the presence of the Copyright Royalty Judges. (xi) No evidence,
including exhibits, may be submitted in the written direct statement or
written rebuttal statement of a participant without a sponsoring
witness, except where the Copyright Royalty Judges have taken official
notice, or in the case of incorporation by reference of past records,
or for good cause shown. Copyright Law of the United States






1 § 0 Proceedings by Copyright Royalty Judges (c) Determination of
Copyright Royalty Judges.— (1) Timing.—The Copyright Royalty Judges
shall issue their determination in a proceeding not later than 11
months after the conclusion of the 21-day settlement conference period
under subsection (b)(6)(C)(x), but, in the case of a proceeding to
determine successors to rates or terms that expire on a specified date,
in no event later than 15 days before the expiration of the then
current statutory rates and terms. (2) Rehearings.— (A) In general.—The
Copyright Royalty Judges may, in exceptional cases, upon motion of a
participant in a proceeding under subsection (b)(2), order a rehearing,
after the determination in the proceeding is issued under paragraph
(1), on such matters as the Copyright Royalty Judges determine to be
appropriate. (B) Timing for filing motion.—Any motion for a rehearing
under subparagraph (A) may only be filed within 15 days after the date
on which the Copyright Royalty Judges deliver to the participants in
the proceeding their initial determination. (C) Participation by
opposing party not required.—In any case in which a rehearing is
ordered, any opposing party shall not be required to participate in the
rehearing, except that nonparticipation may give rise to the
limitations with respect to judicial review provided for in subsection
(d)(1). (D) No negative inference.—No negative inference shall be drawn
from lack of participation in a rehearing. (E) Continuity of rates and
terms.—(i) If the decision of the Copyright Royalty Judges on any
motion for a rehearing is not rendered before the expiration of the
statutory rates and terms that were previously in effect, in the case
of a proceeding to determine successors to rates and terms that expire
on a specified date, then— (I) the initial determination of the
Copyright Royalty Judges that is the subject of the rehearing motion
shall be effective as of the day fol-lowing the date on which the rates
and terms that were previously in effect expire; and (II) in the case
of a proceeding under section 114(f)(1)(C) or 114(f)(2)(C), royalty
rates and terms shall, for purposes of section 114(f)(4)(B), be deemed
to have been set at those rates and terms con-tained in the initial
determination of the Copyright Royalty Judges that is the subject of
the rehearing motion, as of the date of that determination. (ii) The
pendency of a motion for a rehearing under this paragraph shall not
relieve persons obligated to make royalty payments who would be
af-fected by the determination on that motion from providing the
statements 1






Copyright Law of the United States Proceedings by Copyright Royalty
Judges § 0 of account and any reports of use, to the extent required,
and paying the royalties required under the relevant determination or
regulations. (iii) Notwithstanding clause (ii), whenever royalties
described in clause (ii) are paid to a person other than the Copyright
Office, the entity desig-nated by the Copyright Royalty Judges to which
such royalties are paid by the copyright user (and any successor
thereto) shall, within 60 days after the motion for rehearing is
resolved or, if the motion is granted, within 60 days after the
rehearing is concluded, return any excess amounts previously paid to
the extent necessary to comply with the final determination of roy-alty
rates by the Copyright Royalty Judges. Any underpayment of royalties
resulting from a rehearing shall be paid within the same period. (3)
Contents of determination.—A determination of the Copyright Royalty
Judges shall be supported by the written record and shall set forth the
findings of fact relied on by the Copyright Royalty Judges. Among other
terms adopted in a determination, the Copyright Royalty Judges may
specify notice and recordkeeping requirements of users of the
copyrights at issue that apply in lieu of those that would otherwise
apply under regulations. (4) Continuing jurisdiction.—The Copyright
Royalty Judges may issue an amendment to a written determination to
correct any technical or clerical errors in the determination or to
modify the terms, but not the rates, of royalty payments in response to
unforeseen circumstances that would frus-trate the proper
implementation of such determination. Such amendment shall be set forth
in a written addendum to the determination that shall be distributed to
the participants of the proceeding and shall be published in the
Federal Register. (5) Protective order.—The Copyright Royalty Judges
may issue such orders as may be appropriate to protect confidential
information, including orders excluding confidential information from
the record of the determina-tion that is published or made available to
the public, except that any terms or rates of royalty payments or
distributions may not be excluded. (6) Publication of determination.—By
no later than the end of the 60-day period provided in section
802(f)(1)(D), the Librarian of Congress shall cause the determination,
and any corrections thereto, to be published in the Federal Register.
The Librarian of Congress shall also publicize the de-termination and
corrections in such other manner as the Librarian considers
appropriate, including, but not limited to, publication on the
Internet. The Librarian of Congress shall also make the determination,
corrections, and the accompanying record available for public
inspection and copying. (7) Late payment.—A determination of the
Copyright Royalty Judges may include terms with respect to late
payment, but in no way shall such terms prevent the copyright holder
from asserting other rights or remedies provided under this title.
Copyright Law of the United States 1

--
Posted By guyperea to FBI Latest at 3/18/2011 01:53:00 PM


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Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
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contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
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Director of The United States Department of Human Services; Defendant
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(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
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--
President of The United States
Guy Ralph Perea Sr President of The United States
Weatherdata1046am0426 a Discussion Group of
Weatherdata<http://groups.google.com/group/weatherdata1046am0426>
USFMSC
http://www.cityfreq.com/ca/avalon/>
QUALIFY QICP
OCCUPS
http://www.occupationalinfo.org/02/025062010.html
goldlandabstracts; link check
own search engine - The United
States International Policies
http://apps.facebook.com/faceblogged/?uid=1340855784
http://lnk.ms/8d5gl aol
http://groups.google.com/group/united-states-of-american
http://twitter.com/ptusss Federal Communication
Commission<http://columbiabroadcast.spaces.live.com/>

Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
notified that any disclosure, copying, distribution, or reliance upon the
contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
can be made for proper delivery. Title 42
USCS section 192 etseq Margie Paxton Chief of Childrens Bureau
Director of The United States Department of Human Services; Defendant
Article IV General Provisions Section 2
(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
https://twitter.com/presidentus1