118 STAT. 2368 PUBLIC LAW 108–419—NOV. 30, 2004 (i) in the heading, by striking ‘‘DECISION OF ARBITRATION PANEL OR ORDER OF LIBRARIAN’’ and inserting ‘‘DETERMINATION UNDER CHAPTER 8’’; and (ii) by striking clauses (i) and (ii) and inserting the following: ‘‘(i) is made by the Copyright Royalty Judges pursuant to this paragraph and becomes final, or ‘‘(ii) is made by the court on appeal under section 803(d)(3),’’. (i) DIGITAL AUDIO RECORDING DEVICES.— (1) ROYALTY PAYMENTS.—Section 1004(a)(3) is amended by striking ‘‘Librarian of Congress’’ each place it appears and inserting ‘‘Copyright Royalty Judges’’. (2) ENTITLEMENT TO ROYALTY PAYMENTS.—Section 1006(c) is amended by striking ‘‘Librarian of Congress shall convene a copyright arbitration royalty panel which’’ and inserting ‘‘Copyright Royalty Judges’’. (3) PROCEDURES FOR DISTRIBUTING ROYALTY PAYMENTS.— Section 1007 is amended— (A) in subsection (a), by amending paragraph (1) to read as follows: ‘‘(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 pre scribe by regulation.’’; and (B) by amending subsections (b) and (c) to read as follows: ‘‘(b) DISTRIBUTION OF PAYMENTS IN THE ABSENCE OF A DIS PUTE.—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 dis tribution of royalty payments under section 1006(c). If the Copyright Royalty Judges determine that no such controversy exists, the Librarian of Congress shall, within 30 days after such determina tion, authorize the distribution of the royalty payments as set forth in the agreements regarding the distribution of royalty pay ments entered into pursuant to subsection (a). The Librarian of Congress shall, before such royalty payments are distributed, deduct the reasonable administrative costs incurred by the Librarian 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 pend ency 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 by the Librarian under this section.’’. (4) DETERMINATION OF CERTAIN DISPUTES.—(A) Section 1010 is amended to read as follows: Deadline. Regulations.
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