Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.
arbitrary or contrary to the applicable provisions of this title.  If the Librarian rejects the determination of the arbitration panel, the Librarian shall, before the end of an additional 30-day period, and after full examination of the record created in the arbitration proceeding, issue an order setting the royalty fee or distribution of fees, as the case may be.  The Librarian shall cause to be published in the Federal Register the determination of the arbitration panel, and the decision of the Librarian (including an order issued under the preceding sentence).  The Librarian shall also publicize such determination and decision in such other manner as the Librarian considers appropriate.  The Librarian shall also make the report of the arbitration panel and the accompanying record available for public inspection and copying.

(g) Judicial Review.  Any decision of the Librarian of Congress under subsection (f) with respect to a determination of an arbitration panel may be appealed, by any aggrieved party who would be bound by the determination, to the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the publication of the decision in the Federal Register.  If no appeal is brought within such 30-day period, the decision of the Librarian is final, and the royalty fee or determination with respect to the distribution of fees, as the case may be, shall take effect as set forth in the decision.  When this title provides that the royalty rates or terms that were previously in effect are to expire on a specified date, any adjustment by the Librarian of those rates or terms shall be effective as of the day following the date of expiration of the rates or terms that were previously in effect, even if the Librarian’s decision is rendered on a later date.  The pendency of an appeal under this paragraph shall not relieve persons obligated to make royalty payments under sections 111, 112, 114, 115, 116, 118, 119, or 1003 who would be affected by the determination on appeal to deposit the statement of account and royalty fees specified in those sections.  The court shall have jurisdiction to modify or vacate a decision of the Librarian only if it finds, on the basis of the record before the Librarian, that the Librarian acted in an arbitrary manner.  If the court modifies the decision of the Librarian, the court shall have jurisdiction to enter its own determination with respect to the amount or distribution of royalty fees and costs, to order the repayment of any excess fees, and to order the payment of any underpaid fees, and the interest pertaining respectively thereto, in accordance with its final judgment.  The court may further vacate the decision of the arbitration panel and remand the case to the Librarian for arbitration proceedings in accordance with subsection (c).

(h) Administrative Matters.

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Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 from Project Gutenberg. Public domain.