The court shall have jurisdiction to
modify or vacate a decision of the Librarian of Congress only if it
finds, on the basis of the record before the Librarian of Congress, that
the Arbitration Panel or the Librarian of Congress acted in an arbitrary
manner. If the court modifies the decision of the Librarian of Congress,
the court shall have jurisdiction to enter its own decision in
accordance with its final judgment. The court may further vacate the
decision of the Librarian of Congress and remand the case for
arbitration proceedings as provided in this section.
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Chapter 10 Endnotes
1 The Audio Home Recording Act of 1992 added chapter 10, entitled
"Digital Audio Recording Devices and Media," to title 17. Pub. L. No.
102-563, 106 Stat. 4237.
2 The Copyright Royalty Tribunal Reform Act of 1993 amended section
1004(a)(3) by substituting "Librarian of Congress" in lieu of "Copyright
Royalty Tribunal," where appropriate. Pub. L. No. 103-198, 107 Stat.
2304, 2312.
3 The Copyright Royalty Tribunal Reform Act of 1993 amended section
1005 by striking the last sentence which began "The Register shall
submit to the Copyright Royalty Tribunal.
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