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1 1 (December 16, 2004)

handle is hein.crs/crsaieg0001 and id is 1 raw text is: Order Code RS21512 Updated December 16, 2004 CRS Report for Congress Received through the CRS Web The Copyright Royalty and Distribution Reform Act of 2004 Robin Jeweler Legislative Attorney American Law Division Summary P.L. 108-419, the Copyright Royalty and Distribution Reform Act of 2004 (CRDRA), was signed into law by President Bush on November 30, 2004. The law makes extensive changes to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. Compulsory licenses facilitate many copyright-related activities, including digital transmissions of sound recordings in webcasting. The law repeals and reenacts chapter 8 of Title 17 of the U.S. Code, 17 U.S.C. §§ 801-805. The previous ad hoc three-member Copyright Arbitration Royalty Panel is replaced by standing Copyright Royalty Judges appointed for six-year terms. Background. The owner of a copyright generally has the exclusive right to control use and distribution of the protected work. One who wishes to use the protected work ordinarily gets permission directly from the owner (or his or her agent). The permission may take any number of forms, a common one being a license agreement. There are several provisions in the Copyright Act that create statutory or compulsory licenses. In these situations, a user need not obtain permission for use from the copyright owner; permission is compulsory. The user or licensee must abide by statutorily imposed conditions and pay prescribed royalties. Among the statutory licenses created in the Copyright Act are licenses to make and distribute phonorecords (mechanical licenses);' licenses for use of certain works by noncommercial broadcasters;2 and, licenses for specified secondary transmissions by cable television and satellite 1 17 U.S.C. § 115. 2 17 U.S.C. § 118. Congressional Research Service **o The Library of Congress

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