Page:H.R. Rep. No. 94-1476 (1976) Page 339.djvu

339

TEXT ADOPTED BY SENATE	TEXT OF EXISTING LAW	TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
§ 801. Copyright Royalty Tribunal: Establishment and purpose (a) There is hereby created in the Library of Congress a Copyright Royalty Tribunal. (b) Subject to the provisions of this chapter, the purpose of the Tribunal shall be: (1) to make determinations concerning the adjustment of reasonable copyright royalty rates as provided in sections 111, 115, 116, and 118 so as to assure that such rates are reasonable and, in the event that the Tribunal shall determine that the statutory rate, or a rate previously established by the Tribunal, or the basis in respect to such rates, does not provide a reasonable royalty fee for the basic service of providing secondary transmissions of the primary broadcast transmitter or is otherwise unreasonable, the Tribunal may change the royalty rate or the basis on which the royalty fee shall be assessed or both so as to assure a reasonable royalty fee; and (2) to determine in certain circumstances the distribution of the royalty fees deposited with the Register of Copyrights under sections 111, 116, and 118.		§ 801. Copyright Royalty Commission: Establishment and purpose (a) There is hereby created a Copyright Royalty Commission. (b) Subject to the provisions of this chapter, the purposes of the Commission shall be— (1) to make determinations concerning the adjustment of reasonable copyright royalty rates as provided in sections 115 and 116, and to make determinations as to reasonable terms and rates of royalty payments as provided in section 118. Such determinations shall be based upon relevant factors occurring subsequent to the date of enactment of this Act; (2) to make determinations concerning the adjustment of the copyright royalty rates in section 111 solely in accordance with the following provisions: (A) The rates established by section 111(d)(2)(B) may be adjusted to reflect (i) national monetary inflation or deflation or (ii) changes in the average rates charged cable subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar level of the royalty fee per subscriber which existed as of the