Page:H.R. Rep. No. 94-1476 (1976) Page 349.djvu

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349


TEXT ADOPTED BY SENATE TEXT OF EXISTING LAW TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
§ 809. Judicial review

In any of the following cases the United States District Court for the District of Columbia may make an order vacating, modifying or correcting a final determination of the Tribunal concerning the distribution of royalty fees—

(a) where the determination was procured by corruption, fraud, or undue means; or
(b) where there was evident partiality or corruption in any member of the panel; or
(c) where any member of the panel was guilty of any misconduct by which the rights of any party have been prejudiced.
  § 809. Judicial review

Any final decision of the Commission in a proceeding under section 801(b) may be appealed to the United States Court of Appeals, within thirty days after its publication in the Federal Register, by an aggrieved party. The judicial review of the decision shall be had, in accordance with chapter 7 of title 5, on the basis of the record before the Commission. No court shall have jurisdiction to review a final decision of the Commission except as provided in this section.

transitional and supplementary provisions   transitional and supplementary provisions
Sec. 102. This Act becomes effective on January 1, 1977, except as otherwise provided by section 304(b) of title 17 as amended by this title.   Sec. 102. This Act becomes effective on January 1, 1978, except as otherwise expressly provided by this Act, including provisions of the first section of this Act. The provisions of sections 118, 304(b), and chapter 8 of title 17, as amended by the first section of this Act, take effect upon enactment of this Act.
Sec. 103, This title does not provide copyright protection for any work that goes into the public domain before January 1, 1977. The exclusive rights, as provided by section 106 of title 17 as amended by this title, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909.   Sec. 103, This Act does not provide copyright protection for any work that goes into the public domain before January 1, 1978. The exclusive rights, as provided by section 106 of title 17 as amended by the first section of this Act, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909.