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28 U.S.C. § 137 — Division of business among district judges
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court.The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe. If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders.
**(b) Random Assignment of Rate Court Proceedings.—**
(1) **In general.—**
(A) *Definition.—* — In this paragraph, the term “performing rights society” has the meaning given the term in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim).
(B) *Determination of license fee.—* — Except as provided in subparagraph (C), in the case of any performing rights society subject to a consent decree, any application for the determination of a license fee for the public performance of music in accordance with the applicable consent decree shall be made in the district court with jurisdiction over that consent decree and randomly assigned to a judge of that district court according to the rules of that court for the division of business among district judges, provided that any such application shall not be assigned to—
(i) a judge to whom continuing jurisdiction over any performing rights society for any performing rights society consent decree is assigned or has previously been assigned; or
(ii) a judge to whom another proceeding concerning an application for the determination of a reasonable license fee is assigned at the time of the filing of the
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Source file: Laws/federal/codes/united-states-code/title-28/section-137-division-of-business-among-district-judges--8e92f55d20.md
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Source location: Title 28, Chapter 5, § 137; chapter-005-district-courts.md
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**(a) In General.—** The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court.The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe. If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders.
**(b) Random Assignment of Rate Court Proceedings.—**
(1) **In general.—**
(A) *Definition.—* — In this paragraph, the term “performing rights society” has the meaning given the term in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim).
(B) *Determination of license fee.—* — Except as provided in subparagraph (C), in the case of any performing rights society subject to a consent decree, any application for the determination of a license fee for the public performance of music in accordance with the applicable consent decree shall be made in the district court with jurisdiction over that consent decree and randomly assigned to a judge of that district court according to the rules of that court for the division of business among district judges, provided that any such application shall not be assigned to—
(i) a judge to whom continuing jurisdiction over any performing rights society for any performing rights society consent decree is assigned or has previously been assigned; or
(ii) a judge to whom another proceeding concerning an application for the determination of a reasonable license fee is assigned at the time of the filing of the application.
(C) *Exception.—* — Subparagraph (B) does not apply to an application to determine reasonable license fees made by individual proprietors under [section 513 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section513&num=0&edition=prelim).
(2) **Rule of construction.—** — Nothing in paragraph (1) shall modify the rights of any party to a consent decree or to a proceeding to determine reasonable license fees, to make an application for the construction of any provision of the applicable consent decree. Such application shall be referred to the judge to whom continuing jurisdiction over the applicable consent decree is currently assigned. If any such application is made in connection with a rate proceeding, such rate proceeding shall be stayed until the final determination of the construction application. Disputes in connection with a rate proceeding about whether a licensee is similarly situated to another licensee shall not be subject to referral to the judge with continuing jurisdiction over the applicable consent decree.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he or she may designate, a meeting of the judicial council of the circuit, consisting of the chief judge of the circuit, who shall preside, and an equal number of circuit judges and district judges of the circuit, as such number is determined by majority vote of all such judges of the circuit in regular active service.
(2) Members of the council shall serve for terms established by a majority vote of all judges of the circuit in regular active service.
(3) Except for the chief judge of the circuit, either judges in regular active service or judges retired from regular active service under [section 371(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371/b&num=0&edition=prelim) may serve as members of the council. Service as a member of a judicial council by a judge retired from regular active service under section 371(b) may not be considered for meeting the requirements of section 371(f)(1)(A), (B), or (C).11 See References in Text note below.
(4) No more than one district judge from any one district shall serve simultaneously on the council, unless at least one district judge from each district within the circuit is already serving as a member of the council.
(5) In the event of the death, resignation, retirement under section 371(a) or 372(a) of this title, or disability of a member of the council, a replacement member shall be designated to serve the remainder of the unexpired term by the chief judge of the circuit.
(6) Each member of the council shall attend each council meeting unless excused by the chief judge of the circuit.
**(b)** The council shall be known as the Judicial Council of the circuit.
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Federal law — U.S. Code and appendices · legal_authorities
In the case of any performing rights society subject to a consent decree which provides for the determination of reasonable license rates or fees to be charged by the performing rights society, notwithstanding the provisions of that consent decree, an individual proprietor who owns or operates fewer than 7 non-publicly traded establishments in which nondramatic musical works are performed publicly and who claims that any license agreement offered by that performing rights society is unreasonable in its license rate or fee as to that individual proprietor, shall be entitled to determination of a reasonable license rate or fee as follows:
(1) The individual proprietor may commence such proceeding for determination of a reasonable license rate or fee by filing an application in the applicable district court under paragraph (2) that a rate disagreement exists and by serving a copy of the application on the performing rights society. Such proceeding shall commence in the applicable district court within 90 days after the service of such copy, except that such 90-day requirement shall be subject to the administrative requirements of the court.
(2) The proceeding under paragraph (1) shall be held, at the individual proprietor’s election, in the judicial district of the district court with jurisdiction over the applicable consent decree or in that place of holding court of a district court that is the seat of the Federal circuit (other than the Court of Appeals for the Federal Circuit) in which the proprietor’s establishment is located.
(3) Such proceeding shall be held before the judge of the court with jurisdiction over the consent decree governing the performing rights society. At the discretion of the court, the proceeding shall be held before a special master or magistr
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1), (2), (3) and (6) of section 106, and do not include any right of performance under section 106(4).
**(b)** The exclusive right of the owner of copyright in a sound recording under clause (1) of section 106 is limited to the right to duplicate the sound recording in the form of phonorecords or copies that directly or indirectly recapture the actual sounds fixed in the recording. The exclusive right of the owner of copyright in a sound recording under clause (2) of section 106 is limited to the right to prepare a derivative work in which the actual sounds fixed in the sound recording are rearranged, remixed, or otherwise altered in sequence or quality. The exclusive rights of the owner of copyright in a sound recording under clauses (1) and (2) of section 106 do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording. The exclusive rights of the owner of copyright in a sound recording under clauses (1), (2), and (3) of section 106 do not apply to sound recordings included in educational television and radio programs (as defined in [section 397 of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section397&num=0&edition=prelim)) distributed or transmitted by or through public broadcasting entities (as defined by section 118(f)): Provided, That copies or phonorecords of said programs are not commercially distributed by or through public broadcasting entities to the general public.
**(c)** This section does not limit or impair the exclusive right to perform
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Federal law — U.S. Code and appendices · legal_authorities
Page 73
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 137
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951,
ch. 655, § 37, 65 Stat. 723; Pub. L. 85–593, § 2, Aug.
6, 1958, 72 Stat. 497; Pub. L. 97–164, title II, § 202,
Apr. 2, 1982, 96 Stat. 52.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 375 and District of
Columbia Code, 1940 ed., § 11–301 (Mar. 3, 1901, ch. 854,
§§ 60, 61, 31 Stat. 1199; Mar. 3, 1911, ch. 231, § 260, 36 Stat.
1161; Mar. 3, 1911, ch. 231, § 289, 32 Stat. 1167; Feb. 25,
1919, ch. 29, § 6, 40 Stat. 1157; Dec. 20, 1928, ch. 41, 45 Stat.
1056; Mar. 1, 1929, ch. 419, 45 Stat. 1422; June 19, 1930, ch.
537, 46 Stat. 785; May 31, 1938, ch. 290, § 5, 52 Stat. 584).
Section consolidates portions of section 375 of title
28, U.S.C., 1940 ed., and section 11–301 of the District of
Columbia Code, 1940 ed. The provisions of said section
375 relating to resignation and retirement of judges,
and appointment of court officers, are incorporated in
sections 294, 371, and 756 of this title. Other provisions
of said section 11–301 of the District of Columbia Code
are incorporated in section 133 of this title.
Subsection (a), providing for a ‘‘chief judge’’ is new.
Such term replaces the terms ‘‘senior district judge,’’
and ‘‘Chief Justice’’ of the District Court in the Dis-
trict of Columbia. It is employed in view of the great
increase of administrative duties of such judge. The use
of the term ‘‘chief judge’’ with respect to the District
of Columbia will result in uniform nomenclature for all
district courts. The district judges of that court have
expressed approval of such designation.
The provision in said section 11–301 of the District of
Columbia Code, 1940 ed., that the ‘‘Chief Justice’’ shall
be appointed by
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