Copyright Law of the United States of America: Contained in Title 17 of the United States CodeUnited States
History
Copyright Law of the United States of America: Contained in Title 17 of the United States Code
United States
Copyright -- United States
(2) Failure to file the application, to affix the certificate, or to
pay royalty required by clause (1) of this subsection renders the
public performance actionable as an act of infringement under section
501 and fully subject to the remedies provided by sections 502 through
506 and 509.
(c) Distribution of Royalties--.
(1) The Register of Copyrights shall receive all fees deposited under
this section and, after deducting the reasonable costs incurred by the
Copyright Office under this section, shall deposit the balance in the
Treasury of the United States, in such manner as the Secretary of the
Treasury directs. All funds held by the Secretary of the Treasury
shall be invested in interest-bearing United States securities for
later distribution with interest by the Copyright Royalty Tribunal as
provided by this title. The Register shall submit to the Copyright
Royalty Tribunal, on an annual bases, a detailed statement of account
covering all fees received for the relevant period provided by
subsection (b).
(2) During the month of January in each year, every person claiming to
be entitled to compulsory license fees under this section for
performances during the preceding twelve-month period shall file a
claim with the Copyright Royalty Tribunal, in accordance with
requirements that the Tribunal shall prescribe by regulation. Such
claim shall include an agreement to accept as final, except as provided
in section 810 of this title, the determination of the Copyright
Royalty Tribunal in any controversy concerning the distribution of
royalty fees deposited under subclause (A) of subsection (b)(1) of this
section to which the claimant is a party. Notwithstanding any
provisions of the antitrust laws, for purposes of this subsection any
claimants may agree among themselves as to the proportionate division
of compulsory licensing fees among them, may lump their claims together
and file them jointly or as a single claim, or may designate a common
agent to receive payment on their behalf.
(3) After the first day of October of each year, the Copyright Royalty
Tribunal shall determine whether there exists a controversy concerning
the distribution of royalty fees deposited under subclause (A) of
subsection (b)(1). If the Tribunal determines that no such controversy
exists, it shall, after deducting its reasonable administrative costs
under this section, distribute such fees to the copyright owners
entitled, or to their designated agents. If it finds that such a
controversy exists, it shall, pursuant to chapter 8 of this title,
conduct a proceeding to determine the distribution of royalty fees.
(4) The fees to be distributed shall be divided as follows:
(A) to every copyright owner not affiliated with a performing rights
society, the pro rata share of the fees to be distributed to which such
copyright owner proves entitlement.
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