17 U.S.C. § 804 — Institution of proceedings

(a) Filing of petition. During the calendar years listed in subsection (b), an owner or user of a copyrighted work whose royalty rates are specified by this title or established under this chapter may file a petition with the Copyright Royalty Judges. The petition must state that the petitioner asks the Judges to determine or adjust the rate. The Judges must decide whether the petitioner has a significant interest in the rate at issue. If they find that the petitioner does, they must publish that finding and their reasons in the Federal Register together with the notice starting the proceeding under this chapter. For proceedings under section 801(b)(1) concerning rates under sections 112 and 114, the Judges must publish the notice starting the proceeding as section 803(b)(1)(A) requires.\n\n(b) Timing of proceedings. (1) Section 111 proceedings. (A) A petition to start a proceeding under section 801(b)(2) to adjust a section 111 rate covered by section 801(b)(2)(A) or (D) may be filed in 2015 and every fifth calendar year after that. (B) To start a proceeding under section 801(b)(2) to adjust a section 111 rate covered by section 801(b)(2)(B) or (C), an owner or user whose rates are specified by section 111 or established under this chapter may file a petition within 12 months after the event described in the applicable subsection. The Judges must then proceed as subsection (a) provides. A rate change made under this subparagraph may be reconsidered in 2015 and every fifth calendar year after that under section 801(b)(2)(B) or (C), as applicable. A petition concerning rates under section 111(d)(1)(B) that is based on a change in the Federal Communications Commission’s rules and regulations must identify that change. (C) An adjustment of a section 111 rate takes effect at the start of the first accounting period after the Judges’ determination is published in the Federal Register, or on another date stated in that determination.\n\n(2) Certain section 112 proceedings. A proceeding must begin in 2007 to determine reasonable royalty-payment terms and rates for the activities described in section 112(e)(1) that relate to the limit on exclusive rights in section 114(d)(1)(C)(iv). The terms and rates must take effect January 1, 2009. The proceeding must be repeated every fifth calendar year after that.\n\n(3) Section 114 and corresponding section 112 proceedings. (A) A proceeding must begin as soon as practicable after enactment of the Copyright Royalty and Distribution Reform Act of 2004 to determine reasonable terms and rates under sections 114 and 112 for eligible nonsubscription and new subscription services for January 1, 2006, through December 31, 2010. The next proceeding must begin in January 2009 for terms and rates effective January 1, 2011. After that, proceedings must repeat every fifth calendar year. (B) A proceeding must begin in January 2006 to determine reasonable terms and rates for preexisting subscription services for January 1, 2008, through December 31, 2012, and for preexisting satellite digital audio radio services for January 1, 2007, through December 31, 2012. The next proceeding must begin in 2011 for terms and rates effective January 1, 2013. After that, proceedings must repeat every fifth calendar year, except that: (i) for preexisting subscription services, terms and rates finally determined for the period ending December 31, 2022, remain in effect through December 31, 2027, and no proceeding determines terms and rates for January 1, 2023, through December 31, 2027; and (ii) for preexisting satellite digital audio radio services, the terms and rates set by the Judges on December 14, 2017, in their initial determination for the period ending December 31, 2022, remain in effect through December 31, 2027, without change based on rehearing under section 803(c)(2) and without appeal under section 803(d), and no proceeding determines terms and rates for January 1, 2023, through December 31, 2027. (C) (i) Despite any other provision of this chapter, this subparagraph controls proceedings under section 114(f)(1)(C) concerning new service types. (ii) Within 30 days after a copyright owner of sound recordings or such a service files a qualifying petition, the Judges must issue notice of a proceeding. (iii) The proceeding follows section 803(b), (c), and (d), except the determination is due within 24 months after notice and the decision takes effect under the provisions cited in the statute. (iv) The rates and terms remain in effect for the period stated in section 114(f)(1)(C).\n\n(4) Section 115 proceedings. A petition concerning section 115 rates may be filed in 2006 and every fifth calendar year after that, or at other times agreed under section 115(c)(3)(B) and (C).\n\n(5) Section 116 proceedings. (A) A petition concerning section 116 rates and terms may be filed within one year after an authorized negotiated license ends or expires and is not replaced. (B) If it is not replaced by another negotiated license that permits use of a quantity of musical works not substantially smaller than the quantity performed on coin-operated phonorecord players during the one-year period ending March 1, 1989, the Judges must, upon a timely petition, promptly establish interim rates for public performance by coin-operated phonorecord player of the covered nondramatic musical works. The interim rates must equal the last rates and remain in force until the adjustment proceeding ends or a new negotiated license supersedes them under section 116(b).\n\n(6) Section 118 proceedings. A petition concerning section 118 terms and rates may be filed in 2006 and every fifth calendar year after that.\n\n(7) Section 1004 proceedings. A petition concerning section 1004 rates may be filed as section 1004(a)(3) provides.\n\n(8) Proceedings concerning distribution of royalty fees. When the Judges determine that a controversy exists concerning distribution under section 111, 119, or 1007, they must publish notice starting a proceeding in the Federal Register.