e case may be. Such report shall be accompanied by the
written record, and shall set forth the facts that the arbitration panel
found relevant to its determination.
(f) Action by Librarian of Congress. Within 90 days after receiving the
report of a copyright arbitration royalty panel under subsection (e),
the Librarian of Congress, upon the recommendation of the Register of
Copyrights, shall adopt or reject the determination of the arbitration
panel. The Librarian shall adopt the determination of the arbitration
panel unless the Librarian finds that the determination is arbitrary or
contrary to the applicable provisions of this title. If the Librarian
rejects the determination of the arbitration panel, the Librarian shall,
before the end of an additional 30-day period, and after full
examination of the record created in the arbitration proceeding, issue
an order setting the royalty fee or distribution of fees, as the case
may be. The Librarian shall cause to be published in the Federal
Register the determination of the arbitration panel, and the decision of
the Librarian (including an order issued under the preceding sentence).
The Librarian shall also publicize such determination and decision in
such other manner as the Librarian considers appropriate. The Librarian
shall also make the report of the arbitration panel and the accompanying
record available for public inspection and copying.
(g) Judicial Review. Any decision of the Librarian of Congress under
subsection (f) with respect to a determination of an arbitration panel
may be appealed, by any aggrieved party who would be bound by the
determination, to the United States Court of Appeals for the District of
Columbia Circuit, within 30 days after the publication of the decision
in the Federal Register. If no appeal is brought within such 30-day
period, the decision of the Librarian is final, and the royalty fee or
determination with respect to the distribution of fees, as the case may
be, shall take effect as set forth in the decision. When this title
provides that the royalty rates or terms that were previously in effect
are to expire on a specified date, any adjustment by the Librarian of
those rates or terms shall be effective as of the day following the date
of expiration of the rates or terms that were previously in effect, even
if the Librarian's decision is rendered on a later date. The pendency of
an appeal under this paragraph shall not relieve persons
|