H.R.1417 407-0 Congressman Burgess did not vote as he was providing the eulogy at a friend's funeral. Title:To amend title 17, United States Code, to replace copyright arbitration royalty panels with Copyright Royalty Judges. Sponsor: Rep Smith, Lamar [R-TX-21] (introduced 3/25/2003) Cosponsors: 2 Committees: House Judiciary; Senate Judiciary House Reports: 108-408 Related Bills: S.CON.RES.145 Latest Major Action: 11/20/2004 Presented to President. -------------------------------------------------------------------------------- SUMMARY AS OF: 3/3/2004--Passed House, amended. (There are 2 other summaries) Copyright Royalty and Distribution Reform Act of 2004 - (Sec. 3) Amends Federal copyright law to repeal requirements regarding the establishment and purpose of copyright arbitration royalty panels and replaces them with requirements setting forth the appointment and functions of Copyright Royalty Judges. Replaces the occasional three-member copyright arbitration royalty panels with three full-time Copyright Royalty Judges, appointed by the Librarian of Congress. Directs the Librarian of Congress to appoint one of the three as the Chief Copyright Royalty Judge, and in making such appointments, to consult with the Register of Copyrights. Requires Copyright Royalty Judges to: (1) accept or reject certain royalty claims filed on the basis of timeliness or the failure to establish the basis for a claim; (2) accept to reject rate adjustment petitions and petitions to participate; (3) determine the status of digital audio recording devices and digital audio interface devices; and (4) adopt, except under specified conditions, as the basis for statutory terms and rates or as a basis for the distribution of statutory royalty payments, an agreement concerning such matters reached among some or all of the participants in a proceeding. Authorizes Copyright Royalty Judges to: (1) make any necessary procedural or evidentiary rulings in any proceeding; and (2) before commencing a proceeding, to make any such rulings that would apply to the proceedings; and (3) consult with the Register of Copyrights in making any rulings under this Act. Places the offices of the Judges and staff in the Library of Congress. Requires that: (1) each Copyright Royalty Judge be an attorney who has at least seven years of legal experience; (2) the Chief Copyright Royalty Judge have at least five years of experience in adjudications, arbitrations, or court trials; and (3) of the two other Judges, one have significant knowledge of copyright law and the other have significant knowledge of economics. Allows an individual to serve as a Judge only if such individual is free of any financial conflict of interest. Requires the Chief Judge to hire three full time staff members to assist the Judges. Requires that the terms of the Copyright Royalty Judges each be six years (except that of the individuals first appointed, the Chief Judge shall be appointed to a six-year term, and of the remaining Judges, one shall be appointed to a two-year term and the other shall be appointed to a four-year term). Allows the Librarian of Congress to appoint an interim Judge to fill a vacancy in the position of Copyright Royalty Judge or when a Judge is temporarily unable to perform his or her duties. Gives Copyright Royalty Judges full independence in making determinations concerning adjustments and determinations of copyright royalty rates and terms, the distribution of copyright royalties, the acceptance or rejection of royalty claims, rate adjustment petitions, and petitions to participate, and in issuing other rulings under this Act, except that the Judges may consult with the Register of Copyrights on any matter other than a question of fact. Requires that any such consultations between the Judges and the Register of Copyrights on any question of law be in writing or on the record. Requires consultation with the Register of Copyrights on novel questions of law and requires the Register to submit, and make public, a written opinion. Prohibits any Judge from undertaking duties inconsistent with his or her duties and responsibilities as Judge. Instructs the Librarian of Congress to adopt regulations regarding the standards of conduct which shall govern the Judges and the proceedings under this Act. Sets forth requirements regarding the proceedings of Copyright Royalty Judges. Requires the Judges to act en banc, but permits the Chief Judge to designate a Judge to preside individually over collateral and administrative matters. Outlines the procedures for the participation of persons in such proceedings, including by providing for the filing of petitions to participate and filing fees of $150. Provides for a voluntary negotiation period among participants in a proceeding. Authorizes the Judges to issue regulations for carrying out their functions. Mandates, not later than 120 days after the Judges, or interim Judges as the case may be, are first appointed, such judges to issue regulations to govern proceedings under this Act. Requires such regulations to include permitting discovery periods in proceedings and requiring the Judges to order settlement conferences in proceedings to facilitate the presentation of offers of settlement. Provides for judicial review of any determination made by the Judges. Authorizes appropriations to pay the costs of proceedings under this Act not covered by the filing fees collected from the participants. Prohibits applying a certain reduction in force for full time legislative branch employees under the Legislative Branch Appropriations Act, 1994 to employee positions in the Library of Congress that are required to be filled to carry out specified sections of Federal copyright law. Revises provisions for the institution of proceedings. Sets forth requirements for the timing of the initiation or commencement of proceedings. Sets forth a rule regarding the adjustment of certain royalty rates and terms pursuant to voluntary negotiations. (Sec. 6) Sets forth the effective date for this Act. Requires the Librarian of Congress to appoint interim Copyright Royalty Judges within 90 days after such date of enactment. Sets forth a requirement concerning the effective periods for certain royalty terms and rates.