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Chapter 8 [1]
Copyright Arbitration Royalty Panels
+ 801. Copyright arbitration royalty panels: Establishment and purpose
+ 802. Membership and proceedings of copyright arbitration royalty
panels
+ 803. Institution and conclusion of proceedings
Section 801. Copyright arbitration royalty panels: Establishment and
purpose [2]
(a) Establishment. The Librarian of Congress, upon the recommendation of
the Register of Copyrights, is authorized to appoint and convene
copyright arbitration royalty panels.
(b) Purposes. Subject to the provisions of this chapter, the purposes of
the copyright arbitration royalty panels shall be as follows:
(1) To make determinations concerning the adjustment of reasonable
copyright royalty rates as provided in sections 114, 115, 116, and 119,
and to make determinations as to reasonable terms and rates of royalty
payments as provided in section 118. The rates applicable under sections
114(f)(1)(B), 115, and 116 shall be calculated to achieve the following
objectives:
(A) To maximize the availability of creative works to the public;
(B) To afford the copyright owner a fair return for his creative work
and the copyright user a fair income under existing economic conditions;
(C) To reflect the relative roles of the copyright owner and the
copyright user in the product made available to the public with respect
to relative creative contribution, technological contribution, capital
investment, cost, risk, and contribution to the opening of new markets
for creative expression and media for their communication;
(D) To minimize any disruptive impact on the structure of the industries
involved and on generally prevailing industry practices.
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