[ML 471]

LIBRARY OF CONGRESS

Copyright Office

37 CFR Chapter III

[Docket No. RM 93-12]

Copyright Royalty Tribunal; Transfer and Adoption of Regulations

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim regulations.

SUMMARY: The Copyright Office of the Library of Congress, pursuant
to the Copyright Royalty Tribunal Reform Act of 1993, is adopting
on an interim basis the rules and regulations of the now defunct
Tribunal found in 37 CFR chapter III.   The Office is making only
technical changes to those rules and regulations and will conduct
a thorough review and revision as part of a future rulemaking. 

EFFECTIVE DATE: December 17, 1993

FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney,
U.S. Copyright Office, Library of Congress, Washington, DC 20559,
(202) 707-8380.

SUPPLEMENTARY INFORMATION:  On December 17, 1993, the President
signed into law the Copyright Royalty Tribunal Reform Act of 1993
("Reform Act").  Pub. L. No. 103-198.  Effective immediately upon
enactment, the Reform Act amends the Copyright Act, 17 U.S.C.,by
eliminating the Copyright Royalty Tribunal and transferring its
responsibilities and duties to ad hoc copyright arbitration royalty
panels, to be administered by the Library of Congress and the
Copyright Office.  The copyright arbitration royalty panels will be
convened by the Librarian of Congress for limited times for the
purpose of adjusting rates and distributing royalties collected
pursuant to the compulsory licenses of the Copyright Act.  See 17
U.S.C. 111, 115, 116, 118, 119 and chapter 10.  

Although the Reform Act eliminates the Copyright Royalty Tribunal,
the Librarian of Congress is expressly directed to adopt
immediately the rules and regulations of the Tribunal in their
entirety.  Those regulations are to remain in effect unless and
until the Librarian adopts supplemental or superseding regulations
in accordance with the provisions of the Administrative Procedure
Act (APA).  The Reform Act thereby pre-serves the Tribunal's rules
and regulations from extinction, while granting the Librarian
express authority to make future changes.         

Complete and immediate adoption of chapter III of title 37 of the
Code of Federal Regulations presents certain problems.  The change
from a single autonomous Tribunal to a system of ad hoc copyright
arbitration royalty panels administered by the Library of Congress
and the Copyright Office antiquates and eliminates the need for
many of the Tribunal's regulations, while at the same time
requiring the adoption of various new rules tailored to the new
system.  It is plainly obvious that a thorough examination and
revision of the Tribunal's former rules must be undertaken, as
permitted by the Reform Act, in accordance with the rulemaking
procedures of the APA.  The time required to complete such a
rulemaking, however, precludes the possibility of adopting a
revision concurrent with the enactment of the Reform Act. 
Nevertheless, the Reform Act requires the Librarian to adopt the
rules and regulations of the Tribunal on the date of enactment
"unless and until" they are revised or supplanted by a future
rulemaking.          

Therefore, under the general rulemaking authority of the Copyright
Act, 17 U.S.C. 702, and the specific authority of 17 U.S.C. 802(d),
the Copyright Office of the Library of Congress formally adopts the
rules and regulations of chapter III of title 37 of the Code of
Federal Regulations on an interim basis.  It is the intention of
the Copyright Office to initiate as soon as possible a rulemaking
proceeding to revise these rules and regulations to fully satisfy
the requirements of the Reform Act.  Until such time, however, the
Copyright Office is today making only nonsubstantive technical
amendments to the rules and regulations of chapter III of title 37
of the Code of Federal Regulations to conform with procedural
requirements.  

First, the Copyright Office is renaming the title of chapter III by
deleting "Copyright Royalty Tribunal" and inserting "Copyright
Office, Library of Congress", as well as changing the authority
citation for each part of chapter III.  Second, the Office is
deleting the reference to the "Copyright Royalty Tribunal" or
"Tribunal", including possessives, and replacing it with "copyright
arbitration royalty panel and/or Librarian of Congress".  The use
of the broad phrase "copyright arbitration royalty panel and/or
Librarian of Congress" is necessary at this time since the
Tribunal's former duties are split between the panels and the
Librarian.  Identification of the specific authority in each
instance would require a substantial revision of the Tribunal's
former regulations, which is outside the scope of today's
proceeding.  The Copyright Office will address the division of
authority in its future rulemaking; today's action is required to
eliminate reference to the now defunct Tribunal.  Third, the Office
is deleting the reference to  "Chairman" each place it appears in
chapter III, and replacing it with "chairperson" to denote the
chairperson of a copyright arbitration royalty panel.  Finally, the
Office is amending  section 301.2 to delete the Tribunal's address
and inserting the appropriate mailing address at the Copyright
Office.  

Interim regulations          

In consideration of the foregoing, the Copyright Office of the
Library of Congress, under its authority in 17 U.S.C. 802(d),
adopts the rules and regulations set forth in chapter III of
title37 of the Code of Federal regulations with the following
amendments:     

1.   The heading for chapter III is revised to read as follows: 

     Chapter III--Copyright Office, Library of Congress     

2.   The heading for part 301 is revised to read as follows:

     Part 301--Copyright Arbitration Royalty Panel Rules of       
     Procedure


3.   The authority citation for parts 301 through 311 is revised to
read as follows:          

     Authority: 17 U.S.C. 702, 802.     

4.   The term "Copyright Royalty Tribunal" is revised each place it
appears in chapter III to read "copyright arbitration royalty panel
and/or Librarian of Congress". "Copyright" is capitalized when the
term appears at the beginning of a sentence.     

5.   The term "Tribunal" is revised each place it appears in
chapter III to read "copyright arbitration royalty panel and/or
Librarian of Congress".  "Copyright" is capitalized when theterm
appears at the beginning of a sentence.     

6.   The term "Tribunal's" is revised each place it appears in
chapter III to read "copyright arbitration royalty panel's and/or
Librarian of Congress's".  "Copyright" is capitalized when the term
appears at the beginning of a sentence.     

7.   The term "Chairman" is revised each place it appears in
chapter III to read "chairperson".  "Chairperson" is capitalized
when the term appears at the beginning of a sentence.     

8.   The term "Chairman's" is revised each place it appears in
chapter III to read "chairperson's".  "Chairperson's" is
capitalized when the term appears at the beginning of a sentence. 
   

9.   Section 301.2 of chapter III is revised to read as follows: 

Section 301.2  Official address and information               

The official address for all information, matters and proceedings
under this chapter is Copyright Office, Copyright Arbitration
Royalty Panels, Library of Congress, Washington DC 20557.         
Telephone (202) 707-8150.                                         
                                     
                                    

Barbara Ringer,                                                   
Acting Register of Copyrights.


Approved by:

James H. Billington,                                             
The Librarian of Congress.

***1-5-93 (er/ra)***