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17 U.S.C. § 1010 — Determination of certain disputes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Scope of Determination.—** Before the date of first distribution in the United States of a digital audio recording device or a digital audio interface device, any party manufacturing, importing, or distributing such device, and any interested copyright party may mutually agree to petition the Copyright Royalty Judges to determine whether such device is subject to section 1002, or the basis on which royalty payments for such device are to be made under section 1003.
**(b) Initiation of Proceedings.—** The parties under subsection (a) shall file the petition with the Copyright Royalty Judges requesting the commencement of a proceeding. Within 2 weeks after receiving such a petition, the Chief Copyright Royalty Judge shall cause notice to be published in the Federal Register of the initiation of the proceeding.
**(c) Stay of Judicial Proceedings.—** Any civil action brought under section 1009 against a party to a proceeding under this section shall, on application of one of the parties to the proceeding, be stayed until completion of the proceeding.
**(d) Proceeding.—** The Copyright Royalty Judges shall conduct a proceeding with respect to the matter concerned, in accordance with such procedures as the Copyright Royalty Judges may adopt. The Copyright Royalty Judges shall act on the basis of a fully documented written record. Any party to the proceeding may submit relevant information and proposals to the Copyright Royalty Judges. The parties to the proceeding shall each bear their respective costs of participation.
**(e) Judicial Review.—** Any determination of the Copyright Royalty Judges under subsection (d) may be appealed, by a party to the proceeding, in accordance with [section 803(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr
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Source location: Title 17, Chapter 10, § 1010; chapter-010-digital-audio-recording-devices-and-media.md
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**(a) Scope of Determination.—** Before the date of first distribution in the United States of a digital audio recording device or a digital audio interface device, any party manufacturing, importing, or distributing such device, and any interested copyright party may mutually agree to petition the Copyright Royalty Judges to determine whether such device is subject to section 1002, or the basis on which royalty payments for such device are to be made under section 1003.
**(b) Initiation of Proceedings.—** The parties under subsection (a) shall file the petition with the Copyright Royalty Judges requesting the commencement of a proceeding. Within 2 weeks after receiving such a petition, the Chief Copyright Royalty Judge shall cause notice to be published in the Federal Register of the initiation of the proceeding.
**(c) Stay of Judicial Proceedings.—** Any civil action brought under section 1009 against a party to a proceeding under this section shall, on application of one of the parties to the proceeding, be stayed until completion of the proceeding.
**(d) Proceeding.—** The Copyright Royalty Judges shall conduct a proceeding with respect to the matter concerned, in accordance with such procedures as the Copyright Royalty Judges may adopt. The Copyright Royalty Judges shall act on the basis of a fully documented written record. Any party to the proceeding may submit relevant information and proposals to the Copyright Royalty Judges. The parties to the proceeding shall each bear their respective costs of participation.
**(e) Judicial Review.—** Any determination of the Copyright Royalty Judges under subsection (d) may be appealed, by a party to the proceeding, in accordance with [section 803(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section803/d&num=0&edition=prelim). The pendency of an appeal under this subsection shall not stay the determination of the Copyright Royalty Judges. If the court modifies the determination of the Copyright Royalty Judges, the court shall have jurisdiction to enter its own decision in accordance with its final judgment. The court may further vacate the determination of the Copyright Royalty Judges and remand the case for proceedings as provided in this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment.—** The Librarian of Congress shall appoint 3 full-time Copyright Royalty Judges, and shall appoint 1 of the 3 as the Chief Copyright Royalty Judge. The Librarian shall make appointments to such positions after consultation with the Register of Copyrights.
**(b) Functions.—** Subject to the provisions of this chapter, the functions of the Copyright Royalty Judges shall be as follows:
(1) To make determinations and adjustments of reasonable terms and rates of royalty payments as provided in sections 112(e), 114, 115, 116, 118, 119, and 1004.
(2) To make determinations concerning the adjustment of the copyright royalty rates under section 111 solely in accordance with the following provisions:
(A) The rates established by section 111(d)(1)(B) may be adjusted to reflect—
(i) national monetary inflation or deflation; or
(ii) changes in the average rates charged cable subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar level of the royalty fee per subscriber which existed as of the date of October 19, 1976,
except that—
(I) if the average rates charged cable system subscribers for the basic service of providing secondary transmissions are changed so that the average rates exceed national monetary inflation, no change in the rates established by section 111(d)(1)(B) shall be permitted; and
(II) no increase in the royalty fee shall be permitted based on any reduction in the average number of distant signal equivalents per subscriber.
The Copyright Royalty Judges may consider all factors relating to the maintenance of such level of payments, including, as an extenuating factor, whether the industry has been restrained by subscriber rate regulating authorities from increas
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Federal law — U.S. Code and appendices · legal_authorities
Page 216
TITLE 17—COPYRIGHTS
§ 1010
the sum of not more than $2,500 per device
involved in such violation or per device on
which a service prohibited by section
1002(c) has been performed, as the court
considers just.
(ii) DIGITAL MUSICAL RECORDING.—A com-
plaining party may recover an award of
statutory damages for each violation of
section 1002(d) in the sum of not more than
$25 per digital musical recording involved
in such violation, as the court considers
just.
(iii)
TRANSMISSION.—A
complaining
party may recover an award of damages
for each transmission or communication
that violates section 1002(e) in the sum of
not more than $10,000, as the court con-
siders just.
(2) REPEATED
VIOLATIONS.—In any case in
which the court finds that a person has vio-
lated section 1002 or 1003 within 3 years after
a final judgment against that person for an-
other such violation was entered, the court
may increase the award of damages to not
more than double the amounts that would oth-
erwise be awarded under paragraph (1), as the
court considers just.
(3) INNOCENT
VIOLATIONS
OF
SECTION
1002.—
The court in its discretion may reduce the
total award of damages against a person vio-
lating section 1002 to a sum of not less than
$250 in any case in which the court finds that
the violator was not aware and had no reason
to believe that its acts constituted a violation
of section 1002.
(e) PAYMENT OF DAMAGES.—Any award of dam-
ages under subsection (d) shall be deposited with
the Register pursuant to section 1005 for dis-
tribution to interested copyright parties as
though such funds were royalty payments made
pursuant to section 1003.
(f) IMPOUNDING
OF
ARTICLES.—At any time
while an action under subsection (a) is pending,
the court may order the impoundi
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