118 STAT. 2356 PUBLIC LAW 108–419—NOV. 30, 2004 Any participant that did not participate in a rehearing may not raise any issue that was the subject of that rehearing at any stage of judicial review of the hearing determination. If no appeal is brought within that 30 day period, the deter mination of the Copyright Royalty Judges shall be final, and the royalty fee or determination with respect to the distribution of fees, as the case may be, shall take effect as set forth in paragraph (2). ‘‘(2) EFFECT OF RATES.— ‘‘(A) EXPIRATION ON SPECIFIED DATE.—When this title provides that the royalty rates and terms that were pre viously in effect are to expire on a specified date, any adjustment or determination by the Copyright Royalty Judges of successor rates and terms for an ensuing statu tory license period shall be effective as of the day following the date of expiration of the rates and terms that were previously in effect, even if the determination of the Copy right Royalty Judges is rendered on a later date. A licensee shall be obligated to continue making payments under the rates and terms previously in effect until such time as rates and terms for the successor period are established. Whenever royalties pursuant to this section are paid to a person other than the Copyright Office, the entity des ignated 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 final determination of the Copyright Royalty Judges establishing rates and terms for a successor period or the exhaustion of all re hearings or appeals of such determination, if any, return any excess amounts previously paid to the extent necessary to comply with the final determination of royalty rates. Any underpayment of royalties by a copyright user shall be paid to the entity designated by the Copyright Royalty Judges within the same period. ‘‘(B) OTHER CASES.—In cases where rates and terms have not, prior to the inception of an activity, been estab lished for that particular activity under the relevant license, such rates and terms shall be retroactive to the inception of activity under the relevant license covered by such rates and terms. In other cases where rates and terms do not expire on a specified date, successor rates and terms shall take effect on the first day of the second month that begins after the publication of the determina tion of the Copyright Royalty Judges in the Federal Reg ister, except as otherwise provided in this title, or by the Copyright Royalty Judges, or as agreed by the participants in a proceeding that would be bound by the rates and terms. Except as otherwise provided in this title, the rates and terms, to the extent applicable, shall remain in effect until such successor rates and terms become effective. ‘‘(C) OBLIGATION TO MAKE PAYMENTS.— ‘‘(i) The pendency of an appeal under this sub section shall not relieve persons obligated to make royalty payments under section 111, 112, 114, 115, 116, 118, 119, or 1003, who would be affected by the determination on appeal, from— Deadline. Effective dates.
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