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
(a) The Tribunal shall be composed of five commissioners appointed by
the President with the advise and consent of the Senate for a term of
seven years each; of the first five members appointed, three shall be
designated to serve for seven years from the date of the notice
specified in section 801(C), and two shall be designated to serve for
five years from such date, respectively. Commissioners shall be
compensated at the highest rate now or hereafter prescribe sic for
grade 18 of the General Schedule pay rates (5 U.S.C. 5332).
(b) Upon convening the commissioners shall elect a chairman from among
the commissioners appointed for a full seven-year term. Such chairman
shall serve for a term of one year. Thereafter, the most senior
commissioner who has not previously served as chairman shall serve as
chairman for a period of one year, except that, if all commissioners
have served a full term as chairman, the most senior commissioner who
has served the least number of terms as chairman shall be designated as
chairman.
(c) Any vacancy in the Tribunal shall not affect its powers and shall
be filed, for the unexpired term of the appointment, in the same manner
as the original appointment was made.
Section 803. Procedures of the Tribunal.
(a) The Tribunal shall adopt regulations, not inconsistent with law,
governing procedure and methods of operation. Except as otherwise
provided in this chapter, the Tribunal shall be subject to the
provisions of the Administrative Procedure Act of June 11, 1946, as
amended (c. 324, 60 Stat. 237, title 5, United States Code, chapter
5, subchapter II and chapter 7).
Section 804. Institution and conclusion of proceedings.
(a) With respect to proceedings under section 801(b)(1) concerning the
investment of royalty rates as provided in sections 115 and 116, and
with respect to proceedings under section 801(b)(2)(A) and (D)--
(1) on January 1, 1980, the Chairman of the Tribunal shall cause to be
published in the Federal Register notice of commencement of proceedings
under this chapter; and
(2) during the calendar years specified in the following schedule, any
owner or user of a copyrighted work whose royalty rates are specified
by this title, or by a rate established by the Tribunal, may file a
petition with the Tribunal declaring that the petitioner requests an
adjustment of the rate. The Tribunal shall make a determination as to
whether the applicant has a significant interest in the royalty rate in
which an adjustment is requested. If the Tribunal determines that the
petitioner has a significant interest, the Chairman shall cause notice
of this determination, with the reasons therefor, to be published in
the Federal Register, together with notice of commencement of
proceedings under this chapter.
(A) In proceedings under section 801(b)(2)(A) and (D), such petition
may be filed during 1985 and in each subsequent fifth calendar year.
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