Title 17 — CopyrightsRelease 119-73
§801 Copyright Royalty Judges; appointment and functions
Title 17 › Chapter CHAPTER 8— - PROCEEDINGS BY COPYRIGHT ROYALTY JUDGES › § 801
Summary
The Librarian of Congress must hire three full-time Copyright Royalty Judges and pick one of them to be the Chief Judge. The Librarian must talk with the Register of Copyrights before making these hires. The Judges decide and change royalty rates and terms for a number of listed rules (sections 112(e), 114, 115, 116, 118, 119, and 1004). They handle special rate changes for section 111 that can be adjusted for national inflation or changes in average cable basic service rates to keep the fee’s real dollar value since October 19, 1976, and they may adjust rates if FCC rules changed after April 15, 1976 (including carriage of extra distant signals or changes in program exclusivity). They can approve distribution of fees collected under sections 111, 119, and 1007 when there is no dispute. If there is a dispute, they will decide how to divide the money and can make partial distributions after publishing a 30-day request for responses and getting claimants to agree, sign to return any excess, and file the agreement. The Judges can accept or reject royalty claims for timeliness or lack of basis, accept or reject petitions to change rates or to participate, decide whether certain digital audio devices fall under the law (sections 1002, 1003, with section 1010), adopt parties’ settlement agreements as the basis for rates or distributions if affected people can comment and do not reasonably object, set notice and recordkeeping terms by agreement, and set the administrative assessment under section 115(d) under that section’s rules. They may do other duties the Register gives them when free. The Judges can make procedural and evidence rulings before or during a case. The Librarian must give them needed administrative support, their office and staff must be in the Library of Congress, and if a time limit ends on a weekend, holiday, or other nonbusiness day in Washington, D.C., the action may be done the next business day and is treated as done on the original due date (per the Copyright Royalty and Distribution Reform Act of 2004).
Full Legal Text
Title 17, §801
Copyrights — Source: USLM XML via OLRC
(a)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)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 section 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,
(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.
(B)In the event that the rules and regulations of the Federal Communications Commission are amended at any time after April 15, 1976, to permit the carriage by cable systems of additional television broadcast signals beyond the local service area of the primary transmitters of such signals, the royalty rates established by section 111(d)(1)(B) may be adjusted to ensure that the rates for the additional distant signal equivalents resulting from such carriage are reasonable in the light of the changes effected by the amendment to such rules and regulations. In determining the reasonableness of rates proposed following an amendment of Federal Communications Commission rules and regulations, the Copyright Royalty Judges shall consider, among other factors, the economic impact on copyright owners and users; except that no adjustment in royalty rates shall be made under this subparagraph with respect to any distant signal equivalent or fraction thereof represented by—
(i)carriage of any signal permitted under the rules and regulations of the Federal Communications Commission in effect on April 15, 1976, or the carriage of a signal of the same type (that is, independent, network, or noncommercial educational) substituted for such permitted signal; or
(ii)a television broadcast signal first carried after April 15, 1976, pursuant to an individual waiver of the rules and regulations of the Federal Communications Commission, as such rules and regulations were in effect on April 15, 1976.
(C)In the event of any change in the rules and regulations of the Federal Communications Commission with respect to syndicated and sports program exclusivity after April 15, 1976, the rates established by section 111(d)(1)(B) may be adjusted to assure that such rates are reasonable in light of the changes to such rules and regulations, but any such adjustment shall apply only to the affected television broadcast signals carried on those systems affected by the change.
(D)The gross receipts limitations established by section 111(d)(1)(C) and (D) 11 See References in Text note below. shall be adjusted to reflect national monetary inflation or deflation or changes in the average rates charged cable system subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar value of the exemption provided by such section, and the royalty rate specified therein shall not be subject to adjustment.
(3)(A)To authorize the distribution, under section 111, 119, and 1007, of those royalty fees collected under section 111, 119, and 1005, as the case may be, to the extent that the Copyright Royalty Judges have found that the distribution of such fees is not subject to controversy.
(B)In cases where the Copyright Royalty Judges determine that controversy exists, the Copyright Royalty Judges shall determine the distribution of such fees, including partial distributions, in accordance with section 111, 119, or 1007, as the case may be.
(C)Notwithstanding section 804(b)(8), the Copyright Royalty Judges, at any time after the filing of claims under section 111, 119, or 1007, may, upon motion of one or more of the claimants and after publication in the Federal Register of a request for responses to the motion from interested claimants, make a partial distribution of such fees, if, based upon all responses received during the 30-day period beginning on the date of such publication, the Copyright Royalty Judges conclude that no claimant entitled to receive such fees has stated a reasonable objection to the partial distribution, and all such claimants—
(i)agree to the partial distribution;
(ii)sign an agreement obligating them to return any excess amounts to the extent necessary to comply with the final determination on the distribution of the fees made under subparagraph (B);
(iii)file the agreement with the Copyright Royalty Judges; and
(iv)agree that such funds are available for distribution.
(D)The Copyright Royalty Judges and any other officer or employee acting in good faith in distributing funds under subparagraph (C) shall not be held liable for the payment of any excess fees under subparagraph (C). The Copyright Royalty Judges shall, at the time the final determination is made, calculate any such excess amounts.
(4)To accept or reject royalty claims filed under section 111, 119, and 1007, on the basis of timeliness or the failure to establish the basis for a claim.
(5)To accept or reject rate adjustment petitions as provided in section 804 and petitions to participate as provided in section 803(b) (1) and (2).
(6)To determine the status of a digital audio recording device or a digital audio interface device under section 1002 and 1003, as provided in section 1010.
(7)(A)To adopt as a basis for statutory terms and rates or as a basis for the distribution of statutory royalty payments, an agreement concerning such matters reached among some or all of the participants in a proceeding at any time during the proceeding, except that—
(i)the Copyright Royalty Judges shall provide to those that would be bound by the terms, rates, or other determination set by any agreement in a proceeding to determine royalty rates an opportunity to comment on the agreement and shall provide to participants in the proceeding under section 803(b)(2) that would be bound by the terms, rates, or other determination set by the agreement an opportunity to comment on the agreement and object to its adoption as a basis for statutory terms and rates; and
(ii)the Copyright Royalty Judges may decline to adopt the agreement as a basis for statutory terms and rates for participants that are not parties to the agreement, if any participant described in clause (i) objects to the agreement and the Copyright Royalty Judges conclude, based on the record before them if one exists, that the agreement does not provide a reasonable basis for setting statutory terms or rates.
(B)License agreements voluntarily negotiated pursuant to section 112(e)(5), 114(f)(2), 115(c)(3)(E)(i), 116(c), or 118(b)(2) that do not result in statutory terms and rates shall not be subject to clauses (i) and (ii) of subparagraph (A).
(C)Interested parties may negotiate and agree to, and the Copyright Royalty Judges may adopt, an agreement that specifies as terms notice and recordkeeping requirements that apply in lieu of those that would otherwise apply under regulations.
(8)To determine the administrative assessment to be paid by digital music providers under section 115(d). The provisions of section 115(d) shall apply to the conduct of proceedings by the Copyright Royalty Judges under section 115(d) and not the procedures described in this section, or section 803, 804, or 805.
(9)To perform other duties, as assigned by the Register of Copyrights within the Library of Congress, except as provided in section 802(g), at times when Copyright Royalty Judges are not engaged in performing the other duties set forth in this section.
(c)The Copyright Royalty Judges may make any necessary procedural or evidentiary rulings in any proceeding under this chapter and may, before commencing a proceeding under this chapter, make any such rulings that would apply to the proceedings conducted by the Copyright Royalty Judges.
(d)The Librarian of Congress shall provide the Copyright Royalty Judges with the necessary administrative services related to proceedings under this chapter.
(e)The offices of the Copyright Royalty Judges and staff shall be in the Library of Congress.
(f)On and after the date of the enactment of the Copyright Royalty and Distribution Reform Act of 2004, in any case in which time limits are prescribed under this title for performance of an action with or by the Copyright Royalty Judges, and in which the last day of the prescribed period falls on a Saturday, Sunday, holiday, or other nonbusiness day within the District of Columbia or the Federal Government, the action may be taken on the next succeeding business day, and is effective as of the date when the period expired.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 111(d)(1)(D) of this title, referred to in subsec. (b)(2)(D), was amended generally by Pub. L. 111–175, title I, § 104(c)(1)(C), May 27, 2010, 124 Stat. 1232, and, as so amended, no longer relates to gross receipts limitations. The date of the enactment of the Copyright Royalty and Distribution Reform Act of 2004, referred to in subsec. (f), is the date of the enactment of Pub. L. 108–419, which was approved Nov. 30, 2004.
Prior Provisions
A prior section 801, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2594; Pub. L. 99–397, § 2(c), (d), Aug. 27, 1986, 100 Stat. 848; Pub. L. 100–568, § 11(1), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 100–667, title II, § 202(4), Nov. 16, 1988, 102 Stat. 3958; Pub. L. 101–318, § 3(b), July 3, 1990, 104 Stat. 288; Pub. L. 102–563, § 3(a)(1), Oct. 28, 1992, 106 Stat. 4247; Pub. L. 103–198, § 2(a), Dec. 17, 1993, 107 Stat. 2304; Pub. L. 104–39, § 5(d)(1), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105–80, §§ 8(a), 12(a)(19), Nov. 13, 1997, 111 Stat. 1533, 1535; Pub. L. 105–304, title IV, § 405(e)(1), Oct. 28, 1998, 112 Stat. 2902, related to the establishment and purpose of copyright arbitration royalty panels, prior to the general amendment of this chapter by Pub. L. 108–419.
Amendments
2018—Subsec. (b)(1). Pub. L. 115–264, § 103(g)(2)(A), struck out “The rates applicable under section 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives:” at end of introductory provisions and struck out subpars. (A) to (D) which set forth objectives to be achieved. Subsec. (b)(7)(B). Pub. L. 115–264, § 103(g)(2)(B), substituted “114(f)(2)” for “114(f)(3)”. Subsec. (b)(8), (9). Pub. L. 115–264, § 102(b), added par. (8) and redesignated former par. (8) as (9). 2006—Subsec. (b)(1). Pub. L. 109–303, § 3(1), substituted “119, and 1004” for “119 and 1004”. Subsec. (b)(3)(C). Pub. L. 109–303, § 5(1), added introductory provisions and struck out former introductory provisions which read as follows: “The Copyright Royalty Judges may make a partial distribution of such fees during the pendency of the proceeding under subparagraph (B) if all participants under section 803(b)(2) in the proceeding that are entitled to receive those fees that are to be partially distributed—”. Subsec. (b)(3)(C)(i). Pub. L. 109–303, § 5(2), substituted “the” for “such”. Subsec. (f). Pub. L. 109–303, § 3(2), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by section 103(g)(2) of Pub. L. 115–264 applicable to any proceeding before the Copyright Royalty Judges that is commenced on or after Oct. 11, 2018, see section 102(c) of Pub. L. 115–264, set out as a note under section 115 of this title.
Effective Date
of 2006 AmendmentAmendment by section 3 of Pub. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108–419, and amendment by section 5 of Pub. L. 109–303 effective October 6, 2004, see section 6 of Pub. L. 109–303, set out as a note under section 111 of this title.
Effective Date
Transition Provisions Pub. L. 108–419, § 6, Nov. 30, 2004, 118 Stat. 2369, as amended by Pub. L. 109–303, § 4(h), Oct. 6, 2006, 120 Stat. 1483, provided that: “(a)
Effective Date
.—This Act [see
Short Title
of 2004 Amendment note set out under section 101 of this title] and the
Amendments
made by this Act shall take effect 6 months after the date of enactment of this Act [Nov. 30, 2004], except that the Librarian of Congress shall appoint 1 or more interim Copyright Royalty Judges under section 802(d) of title 17, United States Code, as amended by this Act, within 90 days after such date of enactment to carry out the functions of the Copyright Royalty Judges under title 17, United States Code, to the extent that Copyright Royalty Judges provided for in section 801(a) of title 17, United States Code, as amended by this Act, have not been appointed before the end of that 90-day period. “(b) Transition Provisions.—“(1) In general.—Subject to paragraphs (2) and (3), the
Amendments
made by this Act shall not affect any proceedings commenced, petitions filed, or voluntary agreements entered into before the
Effective Date
provided in subsection (a) under the provisions of title 17, United States Code, as amended by this Act, and pending on such
Effective Date
. Such proceedings shall continue, determinations made in such proceedings, and appeals taken therefrom, as if this Act had not been enacted, and shall continue in effect until modified under title 17, United States Code, as amended by this Act. Such petitions filed and voluntary agreements entered into shall remain in effect as if this Act had not been enacted. For purposes of this paragraph, the Librarian of Congress may determine whether a proceeding has commenced. The Librarian of Congress may terminate any proceeding commenced before the
Effective Date
provided in subsection (a) pursuant to chapter 8 of title 17, United States Code, and any proceeding so terminated shall become null and void. In such cases, the Copyright Royalty Judges may initiate a new proceeding in accordance with
Regulations
adopted pursuant to section 803(b)(6) of title 17, United States Code. “(2) Certain royalty rate proceedings.—Notwithstanding paragraph (1), the
Amendments
made by this Act shall not affect proceedings to determine royalty rates pursuant to section 119(c) of title 17, United States Code, that are commenced before
January 31, 2006. “(3) Pending proceedings.—Notwithstanding paragraph (1), any proceedings to establish or adjust rates and terms for the statutory licenses under section [former] 114(f)(2) or 112(e) of title 17, United States Code, for a statutory period commencing on or after
January 1, 2005, shall be terminated upon the date of enactment of this Act and shall be null and void. The rates and terms in effect under section [former] 114(f)(2) or 112(e) of title 17, United States Code, on
December 31, 2004, for new subscription services, eligible nonsubscription services, and services exempt under section 114(d)(1)(C)(iv) of such title, and the rates and terms published in the Federal Register under the authority of the Small Webcaster Settlement Act of 2002 (17 U.S.C. 114 note; Public Law 107–321) (including the
Amendments
made by that Act) for the years 2003 through 2004, as well as any notice and recordkeeping provisions adopted pursuant thereto, shall remain in effect until the later of the first applicable
Effective Date
for successor terms and rates specified in section 804(b) (2) or (3)(A) of title 17, United States Code, or such later date as the parties may agree or the Copyright Royalty Judges may establish. For the period commencing January 1, 2005, an eligible small webcaster or a noncommercial webcaster, as defined in the
Regulations
published by the Register of Copyrights pursuant to the Small Webcaster Settlement Act of 2002 (17 U.S.C. 114 note; Public Law 107–321) (including the
Amendments
made by that Act) [amending section 114 of this title and enacting provisions set out as notes under section 101 and 114 of this title], may elect to be subject to the rates and terms published in those
Regulations
by complying with the procedures governing the election process set forth in those
Regulations
not later than the first date on which the webcaster would be obligated to make a royalty payment for such period. Until successor terms and rates have been established for the period commencing
January 1, 2006, licensees shall continue to make royalty payments at the rates and on the terms previously in effect, subject to retroactive adjustment when successor rates and terms for such services are established. “(4) Interim proceedings.—Notwithstanding subsection (a), as soon as practicable after the date of enactment of this Act, the Copyright Royalty Judges or interim Copyright Royalty Judges shall publish the notice described in section 803(b)(1)(A) of title 17, United States Code, as amended by this Act, to initiate a proceeding to establish or adjust rates and terms for the statutory licenses under section [former] 114(f)(2) or 112(e) of title 17, United States Code, for new subscription services and eligible nonsubscription services for the period commencing
January 1, 2006. The Copyright Royalty Judges or Interim Copyright Royalty Judges are authorized to cause that proceeding to take place as provided in subsection (b) of section 803 of that title within the time periods set forth in that subsection. Notwithstanding section 803(c)(1) of that title, the Copyright Royalty Judges shall not be required to issue their determination in that proceeding before the expiration of the statutory rates and terms in effect on
December 31, 2004. “(c) Existing Appropriations.—Any funds made available in an appropriations Act to carry out chapter 8 of title 17, United States Code, shall be available to the extent necessary to carry out this section.”
Reference
Citations & Metadata
Citation
17 U.S.C. § 801
Title 17 — Copyrights
Last Updated
Apr 6, 2026
Release point: 119-73