Page:H. Rept. No. 94-1733 (1976).djvu/81

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barriers to Canadian printed matter. The Canadian exemption is included in Section 601 with the expectation that these changes will be made. If for any reason Canadian trade groups and the Canadian Government do not move promptly in reciprocation with U.S. trade groups and the United States Government to remove such tariff and other trade barriers, we would expect Congress to remove the Canadian exemption.

copyright office

Senate bill

Chapter 7 of the Senate bill dealt with the administrative responsibilities of the Copyright Office. It contained no provision dealing with the applicability of the Administrative Procedure Act to the Copyright Office.

House bill

The House bill made the Administrative Procedure Act applicable to the Copyright Office with one exception, and adopted several technical amendments dealing with administrative matters in chapter 7.

Conference substitute

The conference substitute adopts the House amendments.

copyright royalty tribunal

Senate bill

Chapter 8 of the Senate bill established a Copyright Royalty Tribunal in the Library of Congress, for the purpose of periodically reviewing and adjusting statutory royalty rates with respect to the four compulsory licenses provided by the bill, and of resolving disputes over the distribution of royalties from cable transmissions and jukebox performances. Upon certifying the existence of a controversy concerning distribution of statutory royalty fees, or upon periodic petition for review of statutory royalty rates by an interested party, the Register of Copyrights was to convene a three-member panel to constitute a Copyright Royalty Tribunal to resolve the controversy or review the rates. Determinations by the Tribunal were to be submitted to the two Houses of Congress, and were to be final unless voted upon and rejected by one of the two Houses within a specified period, Rate adjustments were not subject to judicial review, and the grounds for judicial review of royalty distributions were limited to misconduct or corruption of a Tribunal member.

House bill

The House bill amended chapter 8 to provide for a permanent three-member Copyright Royalty Commission, which was to be an independent body but would receive administrative support from the Library of Congress. The commissioners were to be appointed by the President for staggered five-year terms, and the Commission's proceedings were made generally subject to the Administrative Procedure Act. Any final determinations of the Commission would be reviewable by the U.S. Court of Appeals on the basis of the record before the Commission. Under sections 111, 116, and chapter 8 of the House bill, the Register of Copyrights was to perform the recording functions and do the paperwork and initial accounting connected with the compulsory licensing procedures established for cable transmissions and jukebox