(x) The Copyright Royalty Judges shall order a settlement conference among the participants in the proceeding to facilitate the presentation of offers of settlement among the participants.
Prior to making such decision to proceed on such a paper record only,the Copyright Royalty Judges shall offer to all parties to the proceeding the opportunity to comment on the decision.
Notwithstanding any other provision of law or any regulation of the Library of Congress, and subject to subparagraph(B),the Copyright Royalty Judges shall not receive performance appraisals.
(1) In general.- The Copyright Royalty Judges shall act in accordance with this title, and to the extent not inconsistent with this title, in accordance with subchapter II of chapter 5 of title 5, in carrying out the purposes set forth in section 801.
The Copyright Royalty Judges shall apply the legal interpretation embodied in the response of the Register of Copyrights if it is timely delivered, and the response shall be included in the record that accompanies the final determination.
(B) In cases where the Copyright Royalty Judges determine that controversy exists, the Copyright Royalty Judges shall determine the distribution of such fees, including partial distributions, in accordance with section 111, 119, or 1007.
(ii) Distribution proceeding.-Promptly after the date for filing ofpetitions to participate in a proceeding to determine the distribution of royalties, the Copyright Royalty Judges shall make available to all participants in the proceeding a list of such participants.
(4) Continuing jurisdiction.-The Copyright Royalty Judges may issue an amendment to a written determination to correct any technical or clerical errors in the determination or to modify the terms, but not the rates, of royalty payments in response to unforeseen circumstances that would frustrate the proper implementation of such determination.
(ii)(I) Following the submission to the Copyright Royalty Judges of written direct statements and written rebuttal statements by the participants in a proceeding under paragraph(2),the Copyright Royalty Judges, after taking into consideration the views of the participants in the proceeding, shall determine a schedule for conducting and completing discovery.
The Chief Copyright Royalty Judge shall receive compensation at the rate of basic pay payable for level AL- 1 for administrative law judges pursuant to section 5372(b) of title 5,and each of the other two Copyright Royalty Judges shall receive compensation at the rate of basic pay payable for level AL- 2 for administrative law judges pursuant to such section.
(B) Bad faith inflation of claim.- If the Copyright Royalty Judges determine that a participant asserts in bad faith an amount in controversy in excess of $10,000 for the purpose of avoiding a determination under the procedure set forth in subparagraph(A),the Copyright Royalty Judges shall impose a fine on that participant in an amount not to exceed the difference between the actual amount distributed and the amount asserted by the participant.
In determining the reasonableness of rates proposed following an amendment of Federal Communications Commission rules and regulations,the Copyright Royalty Tribunal shall consider, among other factors, the economic impact on copyright owners and users….
第801条著作権使用料審判官:任命および役割。
Section 801: Copyright Royalty Judges; appointment and functions.
その後、次の著作権使用料審判官の任期はそれぞれ6年間とする。
Thereafter, the terms of succeeding Copyright Royalty Judges shall each be 6 years.
The compensation of the Copyright Royalty Judges shall not be subject to any regulations adopted by the Office of Personnel Management pursuant to its authority under section 5376(b)(1) of title 5.
The court may also vacate the determination of the Copyright Royalty Judges and remand the case to the Copyright Royalty Judges for further proceedings in accordance with subsection(a).
(7) Late payment.-A determination of the Copyright Royalty Judges may include terms with respect to late payment, but in no way shall such terms prevent the copyright holder from asserting other rights or remedies provided under this title.
(D) The Copyright Royalty Judges and any other officer or employee acting in good faith in distributing funds under subparagraph(C) shall not be held liable for the payment of any excess fees under subparagraph(C).
(c) Terms.- The individual first appointed as the Chief Copyright Royalty Judge shall be appointed to a term of 6 years,and of the remaining individuals first appointed as Copyright Royalty Judges, 1 shall be appointed to a term of 4 years, and the other shall be appointed to a term of 2 years.
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