17 U.S.C. § 1007 — Procedures for distributing royalty pay-

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, 1993, 107 Stat. 2312; Pub. L. 105–80, § 12(a)(24), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 108–419, § 5(i)(2), Nov. 30, 2004, 118 Stat. 2368.) Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–419 substituted ‘‘Copy- right Royalty Judges’’ for ‘‘Librarian of Congress shall convene a copyright arbitration royalty panel which’’ in introductory provisions. 1997—Subsec. (b)(1). Pub. L. 105–80 substituted ‘‘Fed- eration of Television’’ for ‘‘Federation Television’’ be- fore ‘‘and Radio Artists or any successor entity)’’. 1993—Subsec. (c). Pub. L. 103–198 substituted ‘‘Librar- ian of Congress shall convene a copyright arbitration royalty panel which’’ for ‘‘Copyright Royalty Tri- bunal’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title. § 1007. Procedures for distributing royalty pay- ments (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 col- lected during the preceding year in such form and manner as the Copyright Royalty Judges shall prescribe by regulation. (2) NEGOTIATIONS.—Notwithstanding any pro- vision of the antitrust laws, for purposes of this section interested copyright parties with- in 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 pay- ment on their behalf; except that no agree- ment under this subsection may modify the al- location 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 deter- mine whether there exists a controversy con- cerning the distribution of royalty payments under section 1006(c). If the Copyright Royalty Judges determine that no such controversy ex- ists, 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 sub- section (a). The Librarian of Congress shall, be- fore such royalty payments are distributed, de- duct the reasonable administrative costs in- curred under this section. (c) RESOLUTION OF DISPUTES.—If the Copyright Royalty Judges find the existence of a con- troversy, the Copyright Royalty Judges shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of roy- alty 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 con- troversy exists, but shall, to the extent feasible, authorize the distribution of any amounts that are not in controversy. The Librarian of Con- gress shall, before such royalty payments are distributed, deduct the reasonable administra- tive costs incurred under this section. (Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4244; amended Pub. L. 103–198, § 6(b)(4), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 105–80, §§ 9, 12(a)(25), Nov. 13, 1997, 111 Stat. 1534, 1535; Pub. L. 108–419, § 5(i)(3), Nov. 30, 2004, 118 Stat. 2368; Pub. L. 109–303, § 4(f), Oct. 6, 2006, 120 Stat. 1483.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–303, § 4(f)(1), substituted ‘‘Copyright Royalty Judges’’ for ‘‘Librarian of Con- gress’’ in second sentence and struck out ‘‘by the Li- brarian’’ after ‘‘administrative costs incurred’’ in last sentence. Page 215 TITLE 17—COPYRIGHTS § 1009 Subsec. (c). Pub. L. 109–303, § 4(f)(2), struck out ‘‘by the Librarian’’ after ‘‘administrative costs incurred’’ in last sentence. 2004—Subsec. (a)(1). Pub. L. 108–419, § 5(i)(3)(A), reen- acted heading without change and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Dur- ing the first 2 months of each calendar year after cal- endar year 1992, every interested copyright party seek- ing to receive royalty payments to which such party is entitled under section 1006 shall file with the Librarian of Congress a claim for payments collected during the preceding year in such form and manner as the Librar- ian of Congress shall prescribe by regulation.’’ Subsec. (b). Pub. L. 108–419, § 5(i)(3)(B), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘After the period established for the filing of claims under sub- section (a), in each year after 1992, the Librarian of Congress shall determine whether there exists a con- troversy concerning the distribution of royalty pay- ments under section 1006(c). If the Librarian of Con- gress determines that no such controversy exists, the Librarian of Congress shall, within 30 days after such determination, authorize the distribution of the roy- alty payments as set forth in the agreements regarding the distribution of royalty payments entered into pur- suant to subsection (a), after deducting its reasonable administrative costs under this section.’’ Subsec. (c). Pub. L. 108–419, § 5(i)(3)(B), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘If the Li- brarian of Congress finds the existence of a con- troversy, the Librarian shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty panel to determine the distribution of royalty pay- ments. During the pendency of such a proceeding, the Librarian of Congress 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 authorizing the distribution of such roy- alty payments, deduct the reasonable administrative costs incurred by the Librarian under this section.’’ 1997—Subsec. (a)(1). Pub. L. 105–80, § 12(a)(25)(A), sub- stituted ‘‘calendar year 1992’’ for ‘‘the calendar year in which this chapter takes effect’’. Subsec. (b). Pub. L. 105–80, §§ 9, 12(a)(25)(B), sub- stituted ‘‘After the period established’’ for ‘‘Within 30 days after the period established’’ and ‘‘each year after 1992’’ for ‘‘each year after the year in which this section takes effect’’. 1993—Subsec. (a)(1). Pub. L. 103–198, § 6(b)(4)(A), sub- stituted ‘‘Librarian of Congress’’ for ‘‘Copyright Roy- alty Tribunal’’ before ‘‘a claim for’’ and for ‘‘Tribunal’’ before ‘‘shall prescribe’’. Subsec. (b). Pub. L. 103–198, § 6(b)(4)(B), substituted ‘‘Librarian of Congress’’ for ‘‘Copyright Royalty Tri- bunal’’ before ‘‘shall determine whether’’ and for ‘‘Tri- bunal’’ wherever appearing. Subsec. (c). Pub. L. 103–198, § 6(b)(4)(C), substituted first sentence for ‘‘If the Tribunal finds the existence of a controversy, it shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribu- tion of royalty payments.’’, substituted ‘‘Librarian of Congress’’ for ‘‘Tribunal’’ wherever appearing in second and third sentences, and ‘‘the reasonable administra- tive costs incurred by the Librarian’’ for ‘‘its reason- able administrative costs’’ in last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108–419, see section 6 of Pub. L. 109–303, set out as a note under section 111 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title. SUBCHAPTER D—PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND ARBITRATION § 1008. Prohibition on certain infringement ac- tions No action may be brought under this title al- leging infringement of copyright 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 de- vice or medium for making digital musical re- cordings or analog musical recordings. (Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4244.) § 1009. Civil remedies (a) CIVIL ACTIONS.—Any interested copyright party injured by a violation of section 1002 or 1003 may bring a civil action in an appropriate United States district court against any person for such violation. (b) OTHER CIVIL ACTIONS.—Any person injured by a violation of this chapter may bring a civil action in an appropriate United States district court for actual damages incurred as a result of such violation. (c) POWERS OF THE COURT.—In an action brought under subsection (a), the court— (1) may grant temporary and permanent in- junctions on such terms as it deems reason- able to prevent or restrain such violation; (2) in the case of a violation of section 1002, or in the case of an injury resulting from a failure to make royalty payments required by section 1003, shall award damages under sub- section (d); (3) in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof; and (4) in its discretion may award a reasonable attorney’s fee to the prevailing party. (d) AWARD OF DAMAGES.— (1) DAMAGES FOR SECTION 1002 OR 1003 VIOLA- TIONS.— (A) ACTUAL DAMAGES.—(i) In an action brought under subsection (a), if the court finds that a violation of section 1002 or 1003 has occurred, the court shall award to the complaining party its actual damages if the complaining party elects such damages at any time before final judgment is entered. (ii) In the case of section 1003, actual dam- ages shall constitute the royalty payments that should have been paid under section 1004 and deposited under section 1005. In such a case, the court, in its discretion, may award an additional amount of not to exceed 50 percent of the actual damages. (B) STATUTORY DAMAGES FOR SECTION 1002 VIOLATIONS.— (i) DEVICE.—A complaining party may recover an award of statutory damages for each violation of section 1002(a) or (c) in