secondary transmissions by cable systems during the relevant
semiannual period:
(A) any such owner whose work was included in a secondary transmission
made by a cable system of a nonnetwork television program in whole or
in part beyond the local service area of the primary transmitter; and
(B) any such owner whose work was included in a secondary transmission
identified in a special statement of account deposited under clause
(2)(A); and
(C) any such owner whose work was included in nonnetwork programing
consisting exclusively of aural signals carried by a cable system in
whole or in part beyond the local service area of the primary
transmitter of such programs. (5) The royalty fees thus deposited
shall be distributed in accordance with the following procedures:
(A) During the month of July in each year, every person claiming to be
entitled to compulsory license fees for secondary transmissions shall
file a claim with the Copyright Royalty Tribunal, in accordance with
requirements that the Tribunal shall prescribe by regulation.
Notwithstanding any provisions of the antitrust laws, for purposes of
this clause any claimants may agree among themselves as to the
proportionate division of compulsory licensing fees among them, may
lump their claims together and file them jointly or as a single claim,
or may designate a common agent to receive payment on their behalf.
(B) After the first day of August of each year, the Copyright Royalty
Tribunal shall determine whether there exists a controversy concerning
the distribution of royalty fees. If the Tribunal determines that no
such controversy exists, it shall, after deducting its reasonable
administrative costs under this section, distribute such fees to the
copyright owners entitled, or to their designated agents. If the
Tribunal finds the existence of a controversy, it shall, pursuant to
chapter 8 of this title, conduct a proceeding to determine the
distribution of royalty fees.
(C) During the pendency of any proceeding under this subsection, the
Copyright Royalty Tribunal shall withhold from distribution an amount
sufficient to satisfy all claims with respect to which a controversy
exists, but shall have discretion to proceed to distribute any amounts
that are not in controversy.
(e) Nonsimultaneous Secondary Transmissions by Cable Systems.--
(1) Notwithstanding those provisions of the second paragraph of
subsection
(f) relating to nonsimultaneous sec
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