ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

17 U.S.C. § 1007 — Procedures for distributing royalty payments

submitted 34 years ago by Pub. L. 102-563 to r/title-17-COPYRIGHTS · 373 words · no verdicts yet

in plain englishAI-generated · not legal advice

Interested copyright parties must file royalty claims during the first two months of each year. They may negotiate and combine claims, but cannot change the statutory allocation; uncontested payments are distributed promptly, while disputed payments are handled in a chapter 8 proceeding.

(a) Filing of claims and negotiations. (1) During the first two months of each calendar year, every interested copyright party seeking royalty payments owed under section 1006 must file with the Copyright Royalty Judges a claim for payments collected during the previous year, in the form and manner set by regulation. (2) Despite the antitrust laws, interested copyright parties within each group listed in section 1006(b) may agree on how to divide royalty payments among themselves, combine their claims and file them together or as one claim, or appoint a common agent, including an organization described in section 1001(7)(D), to negotiate or receive payment for them. An agreement under this subsection may not change the royalty allocation specified in section 1006(b).

(b) Distribution when there is no dispute. After the claim-filing period, the Copyright Royalty Judges must determine each year whether a dispute exists about distributing payments under section 1006(c). If they decide there is no dispute, they must, within 30 days after that decision, authorize distribution according to the parties’ payment-distribution agreements made under subsection (a). Before payment, the Librarian of Congress must deduct the reasonable administrative costs incurred under this section.

(c) Resolving disputes. If the Judges find a dispute, they must hold a proceeding under chapter 8 of this title to decide how to distribute the payments. While the proceeding is pending, they must withhold enough money to satisfy every claim involved in the dispute, but, when feasible, authorize payment of amounts not in dispute. Before payment, the Librarian of Congress must deduct the reasonable administrative costs incurred under this section.

the actual law source: uscode.house.gov ↗public domain
(a)Filing of Claims and Negotiations.—
(1)Filing of claims.—

During the first 2 months of each calendar year, every interested copyright party seeking to receive royalty payments to which such party is entitled under section 1006 shall file with the Copyright Royalty Judges a claim for payments collected during the preceding year in such form and manner as the Copyright Royalty Judges shall prescribe by regulation.

(2)Negotiations.—

Notwithstanding any provision of the antitrust laws, for purposes of this section interested copyright parties within each group specified in section 1006(b) may agree among themselves to the proportionate division of royalty payments, may lump their claims together and file them jointly or as a single claim, or may designate a common agent, including any organization described in section 1001(7)(D), to negotiate or receive payment on their behalf; except that no agreement under this subsection may modify the allocation of royalties specified in section 1006(b).

(b)Distribution of Payments in the Absence of a Dispute.—

After the period established for the filing of claims under subsection (a), in each year, the Copyright Royalty Judges shall determine whether there exists a controversy concerning the distribution of royalty payments under section 1006(c). If the Copyright Royalty Judges determine that no such controversy exists, the Copyright Royalty Judges shall, within 30 days after such determination, authorize the distribution of the royalty payments as set forth in the agreements regarding the distribution of royalty payments entered into pursuant to subsection (a). The Librarian of Congress shall, before such royalty payments are distributed, deduct the reasonable administrative costs incurred under this section.

(c)Resolution of Disputes.—

If the Copyright Royalty Judges find the existence of a controversy, the Copyright Royalty Judges shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty payments. During the pendency of such a proceeding, the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall, to the extent feasible, authorize the distribution of any amounts that are not in controversy. The Librarian of Congress shall, before such royalty payments are distributed, deduct the reasonable administrative costs incurred under this section.

Source credit: (Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4244; amended Pub. L. 103–198, § 6(b)(4), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 105–80, §§ 9, 12(a)(25), Nov. 13, 1997, 111 Stat. 1534, 1535; Pub. L. 108–419, § 5(i)(3), Nov. 30, 2004, 118 Stat. 2368; Pub. L. 109–303, § 4(f), Oct. 6, 2006, 120 Stat. 1483.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-563 · 106 Stat. 4244
  • 1993Amended · Pub. L. 103-198 · 107 Stat. 2312
  • 1997Amended · Pub. L. 105-80 · 111 Stat. 1534, 1535
  • 2004Amended · Pub. L. 108-419 · 118 Stat. 2368
  • 2006Amended · Pub. L. 109-303 · 120 Stat. 1483

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-563 on 1992-10-28.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case