period. Three proceedings, Jukebox Royalty Adjustment Proceeding; Cable Systems Royalty Adjustment Proceeding; and Phonorecords Royalty Adjustment Proceeding, mentioned as still in process in the report, were concluded prior to December 31, 1980.

All of the proceedings conducted by the Tribunal in fiscal 1980 has been appealed. The Department of Justice is representing the Tribunal in these appeals at no cost to the Tribunal. One additional decision of the Tribunal rendered in 1979 is currently on appeal to the U.S. Supreme Court.

During fiscal year 1981 the Tribunal, under the statute, will conduct a cable distribution proceeding (for funds paid in calendar year 1979) and a jukebox royalty proceeding (for funds paid in calendar year 1979). All the expenses directly relating to these proceedings will be deducted from the royalty funds currently on deposit in the U.S. Treasury. All ongoing expenses of the Tribunal such as rent, salaries for all employees, supplies etc. are not deductable from these funds.

THE COPYRIGHT ROYALTY TRIBUNAL
CREATION AND MEMBERSHIP

The Copyright Royalty Tribunal (Tribunal) was created by $801 (a) of Public Law 94-553, the General Revision of the Copyright Law of 1976,

and is composed of five commissioners appointed by the President with the advice and consent of the Senate. The commissioners are:

Thomas C. Brennan of New Jersey

Douglas E. Coulter of New Hampshire

Mary Lou Burg of Wisconsin

Clarence L. James, Jr. of Ohio

Frances Garcia of Texas

STATUTORY RESPONSIBILITIES

The Tribunal's statutory responsibilities are:

(a) To make determinations concerning copyright royalty rates in the areas of cable television covered by 17 U.S.C. 111.

(b) To make determinations concerning copyright royalty rates for phonorecords (17 U.S.C. 115) and for coin-operated phonorecord players (jukeboxes) (17 U.S.C. 116).

(c) To establish and later make determinations concerning royalty rates and terms for non-commercial broadcasting (17 U.S.C. 118).

GENERAL ADMINISTRATION

The only staff of the Tribunal is a personal assistant to each commissioner. The legislative history of the Copyright Act reflects the intention that the Tribunal remain a small independent agency in which the commissioners perform all professional responsibilities themselves.

FISCAL YEAR 1980

CABLE DISTRIBUTION PROCEEDING

17 U.S.C. 111(d)(5)(B) requires the Tribunal after the first day of August to determine whether a controversy exists concerning the distribution of cable royalty fees deposited by cable systems with the Copyright Office. Upon determination that a controversy exists, 17 U.S.C. 804 (d) requires the Chairman of the Tribunal to publish in the FEDERAL REGISTER a notice announcing the commencement of distribution proceedings.

In a public meeting on September 6, 1979, after giving claimants the opportunity to appear and present arguments, the Tribunal determined that a controversy did exist concerning the distribution of cable royalty fees. A distribution proceeding was instituted by a public notice issued September 12, 1979 (44 FR 53099).

Therefore as of September 12, 1979 the Tribunal announced that a controversy concerning the distribution of cable royalty fees did exist for the period January 1 through June 30, 1978 and for the period July 1 through December 31, 1978, and that distribution proceedings had commenced.

Filing of Claims

The Tribunal in an advance Notice of Proposed Rulemaking, published February 14, 1978 (43 FR 6263), invited comments concerning the filing of claims to royalty fees for secondary transmissions by cable systems, pursuant to 17 U.S.C. 111(d) (5) (A).

In the FEDERAL REGISTER of May 5, 1978 (43 FR 19423) the Tribunal announced that consideration was being given to a proposed rule which would prescribe requirements whereby persons claiming to be entitled to compulsory license copyright fees for secondary transmissions by cable

77-536 0-81-52