obligated to
make royalty payments under sections 111, 112, 114, 115, 116, 118, 119,
or 1003 who would be affected by the determination on appeal to deposit
the statement of account and royalty fees specified in those sections.
The court shall have jurisdiction to modify or vacate a decision of the
Librarian only if it finds, on the basis of the record before the
Librarian, that the Librarian acted in an arbitrary manner. If the court
modifies the decision of the Librarian, the court shall have
jurisdiction to enter its own determination with respect to the amount
or distribution of royalty fees and costs, to order the repayment of any
excess fees, and to order the payment of any underpaid fees, and the
interest pertaining respectively thereto, in accordance with its final
judgment. The court may further vacate the decision of the arbitration
panel and remand the case to the Librarian for arbitration proceedings
in accordance with subsection (c).
(h) Administrative Matters.
(1) Deduction of costs of library of congress and copyright office from
royalty fees. The Librarian of Congress and the Register of Copyrights
may, to the extent not otherwise provided under this title, deduct from
royalty fees deposited or collected under this title the reasonable
costs incurred by the Library of Congress and the Copyright Office under
this chapter. Such deduction may be made before the fees are distributed
to any copyright claimants. In addition, all funds made available by an
appropriations Act as offsetting collections and available for
deductions under this subsection shall remain available until expended.
In ratemaking proceedings, the reasonable costs of the Librarian of
Congress and the Copyright Office shall be borne by the parties to the
proceedings as directed by the arbitration panels under subsection (c).
(2) Positions required for administration of compulsory licensing.
Section 307 of the Legislative Branch Appropriations Act, 1994, shall
not apply to employee positions in the Library of Congress that are
required to be filled in order to carry out section 111, 112, 114, 115,
116, 118, or 119 or chapter 10.
Section 803. Institution and conclusion of proceedings [5]
(a)(1) With respect to proceedings under section 801(b)(1) concerning
the adjustment of royalty rates as provided in sections 112, 114, 115,
and 116, and with respect to proceedings under subparagraphs (A) and (D)
of section 801(b)(2), during th
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