l
works embodied in phonorecords which had been subject to the terminated
or expired negotiated license agreement. Such rate or rates shall be the
same as the last such rate or rates and shall remain in force until the
conclusion of proceedings by the arbitration panel, in accordance with
section 802, to adjust the royalty rates applicable to such works, or
until superseded by a new negotiated license agreement, as provided in
section 116(b).

(5) With respect to proceedings under section 801(b)(1) concerning the
determination of reasonable terms and rates of royalty payments as
provided in section 112 or 114, the Librarian of Congress shall proceed
when and as provided by those sections.

(b) With respect to proceedings under subparagraph (B) or (C) of section
801(b)(2), following an event described in either of those subsections,
any owner or user of a copyrighted work whose royalty rates are
specified by section 111, or by a rate established by the Copyright
Royalty Tribunal or the Librarian of Congress, may, within twelve
months, file a petition with the Librarian declaring that the petitioner
requests an adjustment of the rate. In this event the Librarian shall
proceed as in subsection (a) of this section. Any change in royalty
rates made by the Copyright Royalty Tribunal or the Librarian of
Congress pursuant to this subsection may be reconsidered in 1980, 1985,
and each fifth calendar year thereafter, in accordance with the
provisions in section 801(b)(2)(B) or (C), as the case may be.

(c) With respect to proceedings under section 801(b)(1), concerning the
determination of reasonable terms and rates of royalty payments as
provided in section 118, the Librarian of Congress shall proceed when
and as provided by that section.

(d) With respect to proceedings under section 801(b)(3) or (4),
concerning the distribution of royalty fees in certain circumstances
under section 111, 116, 119, or 1007, the Librarian of Congress shall,
upon a determination that a controversy exists concerning such
distribution, cause to be published in the Federal Register notice of
commencement of proceedings under this chapter.

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Chapter 8 Endnotes

1 The Copyright Royalty Tribunal Reform Act of 1993 amended chapter 8
by substituting a new chapter title heading and by repealing sections
803 and 805 through 810. Pub. L. No. 103-198, 107 Stat. 2304, 2308.

2 In 1986, section 801(b) was amended in paragraph (2)(A)