§802 Copyright Royalty Judgeships; Staff

Summary

Creates who may serve as Copyright Royalty Judges, how they are hired, paid, and removed, and how they must behave. Each judge must be a lawyer with at least 7 years of legal experience. The Chief Judge must also have at least 5 years of experience in adjudications, arbitrations, or court trials. One of the other two judges must know a lot about copyright law and the other must know a lot about economics. An “adjudication” means administrative hearings under section 551 of title 5, but it does not include mediation. Judges must have no financial conflicts under the rules set by the Librarian of Congress. The Chief hires full‑time staff to help. The first Chief gets a 6‑year term; the other first two judges get 4 and 2 years. After that, each term is 6 years and judges may be reappointed. A judge’s term starts when the predecessor’s term ends, and a judge may stay on until a successor is chosen. If a vacancy or temporary incapacity happens, the Librarian must act quickly and may appoint an interim judge; an appointee who fills an unexpired term serves only the remainder of that term. Sets pay, independence, conduct rules, and removal steps. The Chief’s pay equals AL–1 level for administrative law judges and the other two get AL–2 level pay. Staff pay cannot exceed the basic rate for level 10 of GS–15. All pay rates include locality pay. Judges’ pay is not subject to OPM rules under section 5376(b)(1) of title 5. Judges are independent when setting royalty rates, distributions, and related rulings. They may consult the Register of Copyrights on legal questions (not facts). Judges or participants can ask the Register for a written interpretation of material questions of substantive law; the Register must respond within 14 days after receiving all briefs, and judges must apply a timely response. For novel legal questions, judges must ask the Register, who then has 30 days after all briefs to decide; judges must apply a timely decision. The Register can review for legal error and issue a written correction within 60 days after a final determination; that correction becomes part of the record and serves as precedent for future cases. The Librarian must make rules on conduct, financial conflicts, and limits on private communications. The Librarian may sanction or remove a judge for misconduct, neglect, conduct violations, or disability, but only after notice and a hearing; the Librarian may suspend a judge during the hearing and appoint an interim. Judges may not do outside work that conflicts with their duties.