United States Code/Title 17/Chapter 10/Section 1007
|←←§ 1006. Entitlement to royalty payments||United States Code
Title 17, Chapter 10, § 1007. Procedures for distributing royalty payments
|§ 1008. Prohibition on certain infringement actions→→|
|From the U.S. Copyright Office.: Version added by sec. 5(i)(3) of the Copyright Royalty and Distribution Reform Act of 2004 (Pub. L. 108-419, Nov. 30, 2004, 118 Stat. 2341), with effect from May 30, 2005.
Amendments by the following public laws have NOT been consolidated: 109-303
(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 Librarian of Congress 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 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 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 by the Librarian under this section.
Section 1007 was added by the Audio Home Recording Act of 1992 (Pub. L. 102-563, Oct. 28, 1992, 106 Stat. 4237). New text was substituted by the Copyright Royalty and Distribution Reform Act of 2004 (Pub. L. 108-419, Nov. 30, 2004, 118 Stat. 2341), with effect from May 30, 2005.