Page:United States Statutes at Large Volume 106 Part 5.djvu/606

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106 STAT. 4244 PUBLIC LAW 102-563—OCT. 28, 1992 musical recordings or disseminated to the public in transmissions.

    • § 1007. Procedures for distributing royalty payments

"(a) FILING OF CLAIMS AND NEGOTIATIONS. — Regulations. "(1) FILING OF CLAIMS.— During the first 2 months of each calendar year after the calendar year in which this chapter takes effect, every interested copyright party seeking to receive royalty payments to which such party is entitled under section 1006 shall file with the Copyright Royalty Tribunal a claim for payments collected during the preceding year in such form and manner as the Tribuned 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 DIS- PUTE. — Within 30 days after the period established for the filing of claims under subsection (a), in each year after the year in which this section takes effect, the Cop3aight Royalty TWbunal shall determine whether there exists a controversy concerning the distribution of royalty payments under section 1006(c). If the Tribunal determines that no such controversy exists, the Tribunal 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), after deducting its reasonable administrative costs under this section. "(c) RESOLUTION OF DISPUTES.—I f the Tribunal finds the existence of a controversy, it shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty pay- ments. During the pendency of such a proceeding, the Tribunal shall withhold from distribution an amount sufficient to satisftr 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 Tribunal shall, before authorizing the distribution of such royalty payments, deduct its reasonable administrative costs under this section. "SUBCHAPTER D—PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND ARBITRATION ^§ 1008. Prohibition on certain infringement actions "No action may be brought under this title alleging infringement of cop3nright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.