by the United States government

“ In clause (i) , a "novel question of law" is a question of law that has not been determined in prior decisions, determinations, and rulings described in section 803 (a) . (C) Consultation.—Notwithstanding the provisions of subparagraph (A) , the Copyright Royalty Judges shall consult with the Register of Copyrights with respect to any determination or ruling that would require that any act be performed by the Copyright Office, and any such determination or ruling shall not be binding upon the Register of Copyrights. ”