Has overall responsibility, as well as delegated authority, for the oversight and administration of broad, emerging, and or critical Library of Congress programs or operations as related to quasi-judicial administrative proceedings to determine rates and terms for, and distribution of copyright royalties. Also, the incumbent has full responsibilities and duties as assigned by the Chief Copyright Royalty Judge pursuant to Chapter 8, Title 17 of the United States Code. Conducts and oversees quasi-judicial administrative proceedings to set and adjust terms and rates of royalty payments for the compulsory and statutory licenses mandated by the Copyright Act, title 17 of the United States Code.
Participates on a three-judge panel in quasi-judicial administrative proceedings to set and adjust terms and rates of royalty payments for the compulsory and statutory licenses in the Copyright Act.
Conducts legal research and prepares probing and innovative written legal analyses with respect to legal and factual issues to define or clarify controversial or disputed legal issues; applies sophisticated legal analysis to intractable problems; and assesses legal and institutional constraints. Applies a comprehensive knowledge of a range of specialized areas of the law to the development, interpretation, or implementation of sensitive public policies that have long-range national or international significance.
Incumbent demonstrates a thorough knowledge of economic theory, concepts and processes applicable to setting rates for an industry in a modified marketplace, or in accordance with market-based criteria in order to draft regulations, reports and memoranda, provide legal interpretations, and make recommendations regarding issues involving the administration of title 17.
In collaboration with other judges on the panel, evaluates evidence, and interprets testimony, regulations, statutory provisions regarding standards for setting rates and making royalty distributions. Makes final determination on certain legal and factual issues. Schedules proceedings, rules on motions and admissibility of evidence according to the rules governing these proceedings.
Collaborates in preparation of final determinations within the statutory time limits announcing new royalty rates or a final distribution of copyright royalties. The Copyright Royalty Judges authorize the distribution of royalty fees collected under sections 111, 119, and 1007 of the Copyright Act; promulgate regulations governing rate and distribution proceedings based on changes in the law, Federal Communications Commission(FCC) rules, and other decisions that affect the compulsory and statutory licenses; accepts or rejects royalty claims filed in accordance with regulations issued by the Copyright Royalty Judges; accept or reject petitions to participate in a rate setting or distribution proceeding; consider as a basis for statutory rates and terms or as a basis for the distribution of royalty fees, voluntary agreements among participants to a proceeding; and determine the status of a digital audio recording device or a digital audio interface device under the provisions of section 1010.
Performs miscellaneous administrative duties as needed in support of the Copyright Royalty Program, including but not limited to training of program staff and developing the office policies and practices.
May request a decision from the Register of Copyrights on questions of law and consult with the Register of Copyrights when a royalty determination would require that an action be performed by the Copyright Office or, when necessary or advisable, on other matters unrelated to questions of fact.
Establishes and maintains effective working relationships with various high-level individuals in LOC, the Copyright Office, and the Department of Justice.
Serves as an authority on litigation matters related to the distribution of copyright royalties and the setting of rates and terms for statutory licenses and works closely with the other Judges and the Department of Justice on appeals of the program's decision.
May participate in boards and committees dealing with matters related to the copyright royalty program. May serve as a representative and consultant for the program at interagency and international meetings dealing with issues and information in the area of expertise and program responsibility.
Contributes to the human resource management functions relative to the staff supervised.
Shares responsibility for furthering the goals of Equal Employment Opportunity (EEO) and Americans with Disabilities (ADA), by taking positive steps to ensure the accomplishment of affirmative action objectives and by adhering to nondiscriminatory employment practices in regard to race, color, religion, sex, national origin, age, or handicap.