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Title 17, CopyrightsRelease 119-110

§1010 Determination of Certain Disputes

Title 17 › CHAPTER 10 — DIGITAL AUDIO RECORDING DEVICES AND MEDIA › SUBCHAPTER D — PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND ARBITRATION › § 1010

Last updated Sep 22, 2026|Official source

Summary

Manufacturers, importers, distributors, or any interested copyright party can agree to ask the Copyright Royalty Judges, before the device is first sold in the United States, to decide if a digital audio recording device or digital audio interface device is covered by section 1002 or how royalties must be paid under section 1003. The parties must file a petition asking the Judges to start the proceeding. Within 2 weeks of getting the petition, the Chief Copyright Royalty Judge must publish a notice in the Federal Register that the proceeding has begun. If a civil lawsuit under section 1009 is filed against someone involved in the proceeding, a party can ask to pause that lawsuit until the Judges finish. The Judges will run the proceeding using their own procedures and based on a complete written record. Each party may submit information and must pay its own costs. A party can appeal the Judges’ decision under section 803(d). An appeal does not delay the Judges’ decision. If a court changes the decision, it can enter its own ruling or send the case back for more proceedings.

Full Legal Text

Title 17, §1010

Copyrights, Source: USLM XML via OLRC

(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. 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Pub. L. 108–419 amended section catchline and text generally, substituting provisions relating to determination of certain disputes for provisions relating to arbitration of certain disputes. 1993—Subsec. (b). Pub. L. 103–198, § 6(b)(5)(A), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” before “requesting the commencement” and for “Tribunal” wherever appearing. Subsec. (e). Pub. L. 103–198, § 6(b)(5)(B), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in heading and text. Subsec. (f). Pub. L. 103–198, § 6(b)(5)(C), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in heading and before “shall adopt or reject” in text, substituted “Librarian of Congress” for “Tribunal” wherever appearing, and substituted “the Librarian’s” for “its”. Subsec. (g). Pub. L. 103–198, § 6(b)(5)(D), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” after “Any decision of the”, “decision of the Librarian of Congress” for “Tribunal’s decision” in second sentence, and “Librarian of Congress” for “Tribunal” wherever appearing in third through fifth sentences.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1010

Title 17, Copyrights

Last Updated

Sep 22, 2026

Release point: 119-110