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17 U.S.C. § 1007 — Procedures for distributing royalty payments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of Claims and Negotiations.—**
(1) **Filing of claims.—** — During the first 2 months of each calendar year, every interested copyright party seeking to receive royalty payments to which such party is entitled under section 1006 shall file with the Copyright Royalty Judges a claim for payments collected during the preceding year in such form and manner as the Copyright Royalty Judges 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 Dispute.—** After the period established for the filing of claims under subsection (a), in each year, the Copyright Royalty Judges shall determine whether there exists a controversy concerning the distribution of royalty payments under section 1006(c). If the Copyright Royalty Judges determine that no such controversy exists, the Copyright Royalty Judges 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). The Librarian of Congress shall, before such royalty payments are distributed, deduct the reasonable administrative costs incurred under this sect
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Source file: Laws/federal/codes/united-states-code/title-17/section-1007-procedures-for-distributing-royalty-payments--c7b87ced2a.md
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Source location: Title 17, Chapter 10, § 1007; chapter-010-digital-audio-recording-devices-and-media.md
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**(a) Filing of Claims and Negotiations.—**
(1) **Filing of claims.—** — During the first 2 months of each calendar year, every interested copyright party seeking to receive royalty payments to which such party is entitled under section 1006 shall file with the Copyright Royalty Judges a claim for payments collected during the preceding year in such form and manner as the Copyright Royalty Judges 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 Dispute.—** After the period established for the filing of claims under subsection (a), in each year, the Copyright Royalty Judges shall determine whether there exists a controversy concerning the distribution of royalty payments under section 1006(c). If the Copyright Royalty Judges determine that no such controversy exists, the Copyright Royalty Judges 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). The Librarian of Congress shall, before such royalty payments are distributed, deduct the reasonable administrative costs incurred under this section.
**(c) Resolution of Disputes.—** If the Copyright Royalty Judges find the existence of a controversy, the Copyright Royalty Judges shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty payments. During the pendency of such a proceeding, the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy 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 Librarian of Congress shall, before such royalty payments are distributed, deduct the reasonable administrative costs incurred under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certain Secondary Transmissions Exempted.—** The secondary transmission of a performance or display of a work embodied in a primary transmission is not an infringement of copyright if—
(1) the secondary transmission is not made by a cable system, and consists entirely of the relaying, by the management of a hotel, apartment house, or similar establishment, of signals transmitted by a broadcast station licensed by the Federal Communications Commission, within the local service area of such station, to the private lodgings of guests or residents of such establishment, and no direct charge is made to see or hear the secondary transmission; or
(2) the secondary transmission is made solely for the purpose and under the conditions specified by paragraph (2) of section 110; or
(3) the secondary transmission is made by any carrier who has no direct or indirect control over the content or selection of the primary transmission or over the particular recipients of the secondary transmission, and whose activities with respect to the secondary transmission consist solely of providing wires, cables, or other communications channels for the use of others: Provided, That the provisions of this paragraph extend only to the activities of said carrier with respect to secondary transmissions and do not exempt from liability the activities of others with respect to their own primary or secondary transmissions;
(4) the secondary transmission is made by a satellite carrier pursuant to a statutory license under section 119 or section 122;
(5) the secondary transmission is not made by a cable system but is made by a governmental body, or other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 111
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
Page 214
TITLE 17—COPYRIGHTS
§ 1007
Radio Artists or any successor entity) who
have performed on sound recordings distrib-
uted in the United States. 40 percent of the re-
maining royalty payments in the Sound Re-
cordings Fund shall be distributed to the in-
terested copyright parties described in section
1001(7)(C), and 60 percent of such remaining
royalty payments shall be distributed to the
interested copyright parties described in sec-
tion 1001(7)(A).
(2) THE MUSICAL WORKS FUND.—
(A) 331⁄3 percent of the royalty payments
shall be allocated to the Musical Works
Fund for distribution to interested copyright
parties described in section 1001(7)(B).
(B)(i) Music publishers shall be entitled to
50 percent of the royalty payments allocated
to the Musical Works Fund.
(ii) Writers shall be entitled to the other 50
percent of the royalty payments allocated to
the Musical Works Fund.
(c) ALLOCATION OF ROYALTY PAYMENTS WITHIN
GROUPS.—If all interested copyright parties
within a group specified in subsection (b) do not
agree on a voluntary proposal for the distribu-
tion of the royalty payments within each group,
the Copyright Royalty Judges shall, pursuant to
the procedures specified under section 1007(c),
allocate royalty payments under this section
based on the extent to which, during the rel-
evant period—
(1) for the Sound Recordings Fund, each
sound recording was distributed in the form of
digital musical recordings or analog musical
recordings; and
(2) for the Musical Works Fund, each musi-
cal work was distributed in the form of digital
musical recordings or analog musical record-
ings or disseminated to the public in trans-
missions.
(Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat.
4242; amended Pub. L. 103–198, § 6(b)(3), Dec. 17,
1
Source: Supplied 2024 U.S. Code historical extraction · 17 U.S.C. § 1007
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