Copyright Arbitration Royalty Panels; Rules and Regulations

Federal RegisterJan 18, 1994

Ask Donna

What actually matters in this document.

Text

LIBRARY OF CONGRESS

37 CFR Parts 251, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302,

303, 304, 305, 306, 307, 308, 309, 310, and 311

[Docket No. RM94-1]

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking and announcement of open meeting.

-----------------------------------------------------------------------

SUMMARY: On December 22, 1993, the Copyright Office of the Library of

Congress in accordance with the Copyright Royalty Tribunal Reform Act

of 1993, adopted in their entirety the rules and regulations of the

former Copyright Royalty Tribunal. The Office stated at that time that

it was adopting the rules on an interim basis, and that it would soon

commence a rulemaking proceeding to update and revise those rules.

Today's action commences that proceeding by publishing a set of

proposed rules and announcing a public meeting to discuss the proposed

regulations.

DATES: Written comments should be received on or before February 15,

1994. The open meeting will be held on February 1, 1994.

ADDRESSES: Ten copies of written comments should be addressed, if sent

by mail, to: Copyright Office, Library of Congress, Department 17,

Washington, DC 20540. If delivered by hand, copies should be brought

to: Office of the General Counsel, Copyright Office, room LM-407, James

Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC

20540. In order to ensure prompt receipt of these time sensitive

documents, the Office recommends that the comments be delivered by a

private messenger service.

The meeting will be in Hearing Room 921, 9th Floor, 1825

Connecticut Avenue, NW., Washington, DC beginning at 10 a.m. Parties

need not inform the Copyright Office of their intention to participate.

FOR FURTHER INFORMATION CONTACT:

Marybeth Peters, Acting General Counsel, U.S. Copyright Office, Library

of Congress, Washington, DC 20540, (202) 707-8380.

SUPPLEMENTARY INFORMATION: The Copyright Office of the Library of

Congress is proposing new regulations under 17 U.S.C. 802(d),

supplementing and superseding the former Copyright Royalty Tribunal's

rules and regulations which were adopted on December 22, 1993. 58 FR

67690 (1993). The Office is also proposing a course of action for

dealing with rate adjustment and distribution matters which were

pending before the Tribunal at the time of its elimination. A meeting

open to the public will be held on February 1, 1994 at 10 a.m. to

discuss all issues related to today's publication.

I. Background

On December 17, 1993, the President signed into law the Copyright

Royalty Tribunal Reform Act of 1993 (``Reform Act''). Public Law No.

103-198, 107 Stat. 2304. Effective immediately upon enactment, the

Reform Act amends the Copyright Act, 17 U.S.C., by eliminating the

duties to ad hoc Copyright Arbitration Royalty Panels (CARPs), to be

administered by the Library of Congress and the Copyright Office. As

directed by the new act, the Librarian of Congress will convene

and distributing royalties. See 17 U.S.C. 111, 115, 116, 118, 119 and

chapter 10.

Immediately upon enactment of the Reform Act the Copyright Office

issued a notice adopting the full text of the former Tribunal's rules

and regulations on an interim basis. 58 FR 67690 (1993). This action

was required by new section 802(d) of the Copyright Code, which

provides:

Effective on the date of the enactment of the Copyright Royalty

Tribunal Reform Act of 1993, the Librarian of Congress shall adopt

the rules and regulations set forth in chapter 3 of title 37 of the

Code of Federal Regulations to govern proceedings under this

chapter. Such rules and regulations shall remain in effect unless

and until the Librarian, upon the recommendation of the Register of

Copyrights, adopts supplemental or superseding regulations under

subchapter II of chapter 5 of title 5.

17 U.S.C. 802(d). The Copyright Office made only slight technical

changes to the former Tribunal's rules, stating that it intended to

review and revise the rules during the course of a future rulemaking.

58 FR at 67690 (1993). The Office now commences that proceeding to

conform the rules to the new system of Copyright Arbitration Royalty

Panels.

II. Matters Pending Before the Former Tribunal

A major issue facing the Copyright Office of Library of Congress at

the outset of today's proposed rulemaking is the resolution of rate

adjustments and distributions, and related matters, which were pending

before the Copyright Royalty Tribunal at the time of its demise. Some

of these proceedings, such as distribution of 1990 cable royalties, had

already commenced hearings, while others were awaiting determination of

controversies or rulings on procedural issues. Since the Office is

proposing new rules and regulations which will govern and shape rate

adjustment and distribution proceedings under the new system, the

Office must first decide how to handle the Tribunal's old business.

The Copyright Office is of the firm opinion that it is not the

successor agency or office to the Copyright Royalty Tribunal. The

Reform Act represents a radically different approach for adjusting

rates and distributing royalties for the copyright compulsory licenses,

and is not an absorption of one agency by another. The Tribunal is

replaced, not moved or merged, by ad hoc Arbitration Panels which are

to be administered by the Copyright Office of the Library of Congress.

The Office is therefore not simply picking up where the Tribunal left

off, but is responsible for administering a completely new system of

ratemaking and distribution.

Because the Copyright Office is not a successor agency, it is our

preliminary finding that all proceedings pending before the Tribunal at

the time of its elimination were terminated at that time. In other

words, the Office will not continue to conduct and handle matters and

proceedings which were before the Tribunal, but will require that all

parties which had pending business before the Tribunal at the time of

its elimination must, if they desire the matter to receive further

consideration, file the matter anew before the Copyright Office. Thus,

for example, the Librarian will not automatically convene a Copyright

Arbitration Royalty Panel to pick up where the proceedings left off for

the 1990 cable distribution, but will require the parties who

participated in that proceeding to refile their case with the Office in

accordance with the rules and regulations proposed below. While the

Office understands that the parties may be somewhat burdened by

duplicating at least a portion of their case, it is necessary that the

Office wipe the slate clean and, for purposes of the operation of the

proposed rules and administrative efficiency, begin anew the matters

pending before the former Tribunal.

An issue related to the termination of proceedings pending before

the former Tribunal and the requirement of new filings is the legal

effect of orders and decisions issued by the Tribunal during those

proceedings. New section 802(c) of the Copyright Act states that

prior decisions of the Copyright Royalty Tribunal * * *'', but does not

bind the Panels to those decisions; the effect of those decisions on

the Librarian or the Copyright Office is not mentioned.

The Copyright Office has no intention of questioning or reopening

matters decided by the former Tribunal with respect to ongoing

proceedings. However, we understand that the termination of pending

Tribunal proceedings and the requirement of new filings will likely

raise again some of the issues previously decided by the Tribunal. The

that, while we will look to the Tribunal's decisions and orders for

guidance, neither the Office nor the Copyright Arbitration Royalty

Panels are legally bound by those decisions.\1\ All legal issues

related to proceedings pending before the Tribunal at the time of its

elimination may therefore be resubmitted to the Copyright Office and,

where appropriate, to the Arbitration Panels for consideration.

---------------------------------------------------------------------------

\1\The Copyright Office acknowledges that it is of course bound

by rate adjustments and distributions that the Tribunal had

conducted and concluded before its elimination. Thus, for example,

the Office will not entertain any petitions to reexamine cable

distributions for years earlier than 1990.

---------------------------------------------------------------------------

III. Proposed Rules

Revising the former Tribunal's rules is a particularly complicated

task, given the division of authority between the Copyright Arbitration

Royalty Panels and the Copyright Office of the Library of Congress.

Under the old law the Tribunal acted as a single autonomous body; in

contrast, the distribution of royalty fees or the setting of royalty

rates under the new legislation will often be a multistage process. For

example, in order to adjust a compulsory license royalty rate, the

Librarian of Congress, with the recommendation of the Register of

Copyrights, must appoint an arbitration panel and then review the

panel's report and, with the Register's recommendation, either approve

the report or substitute his/her own judgment. This new system renders

many of the former Tribunal's rules and regulations inappropriate, and

requires creation of a new framework to allocate responsibilities.

At the same time, the Library and the Copyright Office recognize

the desirability of preserving as much continuity as possible between

the old and new systems.\2\ The proposed rules are based upon and seek

to track the structure and organization of the former Tribunal's rules.

---------------------------------------------------------------------------

\2\The need for continuity is underscored by the Reform Act's

instruction that the Tribunal's rules be fully adopted upon

enactment, to be later amended or superseded. See 17 U.S.C. 802(d).

---------------------------------------------------------------------------

The Library and Copyright Office have thoroughly reviewed the

entire body of the former Tribunal's rules and regulations and

considered the extent to which they fit with the new bifurcated system

of ad hoc Arbitration Panels administered by the Library and the

Office. The results are today's proposed rules, which are intended to

preserve the essential elements of the Tribunal's system while taking

into account the requirements and complexities presented by an

independent arbitration process.

At the outset a technical change is required by the regulations

governing the Code of Federal Regulations itself; the former Tribunal's

rules are being moved from Chapter III to Chapter II of Title 37, CFR.

Chapter III is repealed, and Chapter II is restructured to accommodate

the new body of regulations. Chapter II, which until now has contained

five individual parts (Parts 201-204 and 211), will be divided into two

subchapters. Subchapter A will contain the five original parts of

Chapter II, and new Subchapter B will contain the entire body of the

former Tribunal rules, along with today's proposed changes. And future

rule changes or additions bearing upon the Copyright Arbitration

Royalty Panels will appear in subchapter 8 of Chapter II, 37 CFR.

The part numbers of the rules generally track the Tribunal's

original structure (parts 301-311), and are redesignated parts 251-259

of the Copyright Office's rules. Two parts of the Tribunal's former

rules, parts 303 and 305 relating to jukebox performances, are being

repealed since their relevance has been eliminated by the Reform Act's

repeal of the jukebox compulsory license.

The main task of today's proposed rulemaking is to provide the

substantive changes in the former Tribunal's rules necessary to

implement the Reform Act and to create a workable and efficient system

for adjusting royalty rates and distributing royalties. The following

is a part-by-part summary of the proposed changes.

A. Part 251--Copyright Arbitration Royalty Panels Rules of Procedure

Part 251 is a proposed revision of part 301 of the former

Tribunal's rules, which covered most of the Tribunal's operating

procedures and rules of practice. This is the part that is in greatest

need of revision, since many of the rules are inappropriate to govern

the new system of ad hoc Arbitration Panels. The following summarizes

the proposed changes in the various subparts of part 251.

1. Subpart A--Organization

Subpart A of part 251, entitled ``Organization'' and describing the

composition of the Copyright Royalty Tribunal, was rendered superfluous

by the Reform Act. Since it is necessary to create a completely

different organizational scheme to implement the new system, we are

planning to repeal all of subpart A and to substitute completely new

provisions.

Official Address. Part 251.1 provides a single official address for

all proceedings and actions conducted under subchapter B. Establishment

of an official address is important, since many sections of subchapter

B refer to this section or require documents to be filed at this

address, including all royalty claims, requests for information, public

access to documents, payments of Arbitration Panel costs, and motions,

objections, and records filed with the Panels. Moreover, since all

records submitted to the Copyright Office, to the Library, and to the

CARPs are, with limited exceptions, available to the public for

inspection and copying, a single address is required to assure that all

documents will be assembled in a single location for the convenience of

those wishing to inspect them. We also believe that providing a single

permanent repository for all documents created and submitted under

subchapter B is not only important, but required.

All this may seem self-evident, but there is a problem here. Unlike

the proceedings of the Tribunal, arbitration proceedings will not

necessarily take place at a single location, within the Library of

Congress or elsewhere. There may be incentive in particular cases for

parties to deliver filings directly to the actual location where the

CARP is meeting, but we believe it would be a mistake to allow entire

filings to go to locations different from the mailing address specified

in these proposed regulations. Any possible advantages of such a system

to the parties or the Panels would be outweighed by the dangers of

confusion among parties to different proceedings and possible

uncertainties and difficulties in mail receipt and delivery. Since

individuals' rights often depend on the timely filing and delivery of

papers, the guarantee of proper handling can only be afforded by

delivery to a single address in the Copyright Office of the Library of

Congress.

At the same time, while section 251.1 creates a single official

address, section 251.44 provides the parties flexibility in submitting

documents and filing papers. In cases where an Arbitration Panel is

conducting a hearing, the arbitrators are directed to establish

requirements permitting delivery of filings directly to them, as long

as one copy of the filing is delivered to the Copyright Office at its

official address.

Purpose of the CARPs. Section 251.2 describes the purpose of the

royalty distributions for the cable (17 U.S.C. 111), mechanical (17

U.S.C. 115), jukebox (17 U.S.C. 116), public broadcasting (17 U.S.C.

118), satellite carrier (17 U.S.C. 119) and digital audio recording

devices and media (17 U.S.C. chapter 10) licenses. The jurisdiction of

the Copyright Arbitration Royalty Panels is more limited than that of

the Copyright Royalty Tribunal which, for example, had authority to

adjust the royalty maximum for digital audio recording devices. This

adjustment is now the province of the Librarian. See 17 U.S.C.

1004(a)(3). There are also certain arbitration procedures in the

17 U.S.C. 119 and 1010.

List of Arbitrators. The Reform Act provides that the selection of

arbitrators for a Royalty Panel must be made from ``lists provided by

professional arbitration associations.'' 17 U.S.C. 802(b). Sections

251.3 and 251.4 govern the creation and use of those lists. Before the

beginning of each year (and, in the case of the current year of 1994,

before March 1), any professional arbitration association or

organization may submit a list of its member arbitrators who would be

qualified to serve on a Copyright Arbitration Royalty Panel. Specific

information is required with respect to each person whose name is

submitted, including current and past employment, educational

background, and a description of the facts and information that would

qualify the person to serve as an arbitrator. After receiving the

lists, there will be an initial screening process in which the

Librarian will determine: 1) if the proposed person meets the necessary

qualifications to serve as an arbitrator; and 2) if that person can

reasonably be expected to be available during that calendar year. The

names of persons meeting the requirements will be published in the

Federal Register at the beginning of each year (in the case of 1994, by

March 1), and this publication will serve as the master list from which

the Librarian can select names for any arbitration proceeding

commencing in that calendar year.

Objection Procedure. The Librarian will screen the master list, and

there is also a procedure for objection. The objection procedure is

confined to the period before an individual arbitration proceeding

begins, and is limited to the parties participating in that proceeding.

In the case of rate adjustment proceedings, parties may file their

objections during the 90-day ``cooling off'' period following the

filing of petitions for adjustment. See Sec. 251.63. In the case of

distribution proceedings, objections must be filed during the

precontroversy discovery period specified by Sec. 251.45(a). Objections

must clearly spell out the facts and reasons for disqualification of

persons on the arbitrator list, and the Librarian will consider them

during the selection process for the first two arbitrators. Once the

Librarian has made his selections, the objections will be made

available to the two arbitrators to assist them in their selection of

the third arbitrator. No peremptory objections will be allowed.

Qualifications of the Arbitrators. Section 251.5 describes the

qualifications a person must have to serve as an arbitrator. We have

deliberately avoided adopting an extensive and specific list of

qualifications on the theory that the results of a long, overly-

particularized list of qualifications would likely result in a

homogeneous Panel, and that the Librarian should be able to choose from

persons of diverse backgrounds and skills. The Reform Act requires that

an arbitrator have experience in conducting arbitration proceedings,

and experience in settling disputes. The only two qualifications the

Office has added are membership in a bar association and ten or more

years of legal practice. Since the arbitration process contemplated by

the Reform Act often resembles an adjudicatory procedure more than a

traditional arbitration, the Office felt that it was necessary for

arbitrators to be lawyers with a fair amount of experience as

practitioners. The area of practice is not specified; we believe that a

background in copyright, though helpful, is not necessarily

indispensable to serving as an arbitrator. Keeping the number of

qualifications to a minimum should produce a diversified group of

individuals to serve as arbitrators with the necessary legal training

and experience to accomplish the task efficiently and effectively.

Selection Process. Section 251.6 describes the selection process

for an arbitration panel, restating the process described in the Reform

Act. See 17 U.S.C. 802(b). The section requires the chairperson to act

according to the majority wishes of the panel. There is also a

provision regarding substitution of arbitrators who, after selection,

for some reason become unable to continue service. In that event, the

Librarian is directed to select a replacement promptly unless hearings

have already begun in the proceeding. If hearings have begun, the

remaining arbitrators or arbitrator would constitute the quorum

necessary to render a determination.

Division of Authority between Librarian and CARP. Section 251.7

underscores the division of authority between the Librarian and the

Royalty Panels. The Panels are limited by the statute to making

determinations in individual and separate proceedings necessary to

settling a controversy over royalty rates or distributions. Although

given authority to issue orders governing the conduct of the

proceedings, the Panels do not have rulemaking authority to amend or

otherwise alter these rules and regulations when they are issued in

final form.\3\ Furthermore, since the Panels are not independent

agencies, they have no authority to publish materials in the Federal

Office and the Library of Congress, any orders and rulings of the

Panels that are to be published must be issued under the auspices of

the Office and the Library.

---------------------------------------------------------------------------

\3\Section 251.42 allows an individual Panel to waive or suspend

the rules of subchapter B for purposes of the proceeding. In the

cases where Subchapter B does not prescribe a rule governing a

particular question, the Panel, in accordance with 17 U.S.C. 802(c),

may adopt its own rule for purposes of that proceeding. This

provision is designed to give a Panel some flexibility in executing

its duties with respect to the facts of its case. It is not,

however, a grant of rulemaking authority, and any waiver, suspension

or adoption of a rule has effect only on the course of that

proceeding and in no way affects the rules and regulations of this

subchapter or their application to other proceedings. It is expected

that each Panel will follow these rules and apply them in a way that

produces a just and equitable proceeding.

---------------------------------------------------------------------------

2. Subpart B--Public Access to Copyright Arbitration Royalty Panel

Meetings

Although the Government in the Sunshine Act, Public Law No. 94-409,

90 Stat. 1241, does not apply to Copyright Arbitration Royalty Panels,

since CARPs are not an ``agency or agencies,'' the Copyright Office

believes that the provisions of the Act should apply to the conduct of

meetings held by the arbitrators. This Subpart, therefore, tracks the

procedures governing open and closed meetings which the former Tribunal

adopted and followed with only a few changes.

Section 251.11 states that all meetings of a Copyright Arbitration

Royalty Panel shall be open to the public unless otherwise specified.

Notice of the anticipated schedule of the hearings will be placed in

the Federal Register at least 7 days before the meeting. As amendments

to the schedule are made, every practicable effort will be made to keep

the public informed. Section 251.12 provides for public and media

access to open meetings, adopting the former Tribunal's rules in toto.

Sections 251.13 to 152.16 prescribe the procedures to be followed

in closed meetings, adopting virtually all of the former Tribunal's

rules. Section 251.13 drops the requirement of closed meetings for

internal personnel matters, since the Panels are without authority to

hire or maintain personnel, but it adds to the discretion of the Panel

to go into closed session to deliberate on a motion or objection raised

orally at hearing. Section 251.16 directs that transcripts of closed

meetings shall be kept at the Copyright Office, which is the official

address for all arbitration proceedings.

3. Subpart 3--Public Access to and Inspection of Records

As in subpart B, the copyright Office is proposing in subpart C to

adopt the former Tribunal's rules with respect to public access to and

inspection of records, but with some important changes. The range of

documents available to the public is expanded. Section 251.21 provides

that, with limited exceptions, all records of the Copyright Arbitration

Royalty Panels, and also those of the Librarian of Congress assembled

and/or created under 17 U.S.C. 801 and 802, are available for public

inspection and copying. Thus, for example, rulings or decisions of the

Librarian made before the convening of an Arbitration Panel would be

publicly available.

The same difficulties raised by adoption of a single official

address, as discussed above, also arise with respect to the location of

documents. While all filings with a CARP required by the proposed rules

must be submitted through the Copyright Office, certain documents other

than filings may, during the course of a proceeding, be in the sole

possession of a Panel. Example are a document admitted into evidence

during the course of a hearing to impeach the testimony of a witness,

or the transcript of an ongoing proceeding. Section 251.22 therefore

specifies that all documents and records in the sole possession of a

the Copyright Office may be maintained by the chairperson at the

location of the hearing, or at a location specified by the Panel. All

requests for access, however, must be directed to the Copyright Office,

and not the Arbitration Panel. In the case of documents solely in the

possession of the Panel, the Copyright Office shall made arrangements

to allow the person making the request to inspect and copy them. The

schedule of fees for services of this sort are those currently charged

by the Copyright Office for like services.

Because the Copyright Office already has its own Freedom of

Information Act and Privacy Act guidelines, see 37 CFR parts 203 and

204, it is not adopting the former Tribunal regulations related to

those Acts. The Office acknowledges that some adjustments to those

rules may be required by the peculiarities of the Copyright Arbitration

Royalty Panel system, but we believe there should be some practical

experience before we identify any necessary changes.

4. Subpart D--Standards of Conduct\4\

The Office is not proposing any regulations at this time, but as

part of this proceeding we are inquiring as to standards of conduct

that should apply to the arbitrators.

---------------------------------------------------------------------------

\4\The Copyright Office is proposing to repeal subpart D, as it

appeared in the former Tribunal's rules, and replace it with rules

governing standards of conduct for arbitrators. Former subpart D

contained Equal Employment Opportunity provisions for the Tribunal,

which are no longer relevant for CARPs since they are without

authority to hire personnel or maintain a staff.

---------------------------------------------------------------------------

5. Subpart E--Procedures of Copyright Arbitration Royalty Panels

As with so many of the rules of this subchapter, the new bifurcated

system of the Reform Act requires some changes in the former Tribunal's

rules governing the conduct of proceedings. Nevertheless, although

consequential adjustments are needed, we believe that the over-all

system of procedures long used by the Tribunal in rate adjustment and

distribution proceedings have served the public interest well and

should be preserved. Maintaining the Tribunal's system to the extent

possible should reduce the learning process for parties that have

appeared before the former Tribunal for many years and should also, we

hope, avoid some confusion.

Application of CARPs Procedures and Practice. For the most part the

hearing procedures and motions practice applicable to the CARPs are

carried over from those of the former Tribunal. Section 251.40

specifies that the procedural rules of this subpart E apply only to the

Librarian or the Copyright Office, unless otherwise expressly provided

in this subpart. The section also states that subpart E only applies to

CARPs, and not to other arbitration proceedings under the Copyright

Code. The Office is not statutorily required to apply these rules to

other arbitration proceedings. Although it is possible that some or all

of these rules may ultimately be adopted for other arbitration

purposes; the statement clarifies the issue as of now and grants the

Office flexibility in making future decisions on the point.

Formal Hearings and Other CARP Proceedings. Section 251.41 direct

the Panels to conduct formal hearings for rate adjustment and royalty

distribution proceedings. All parties intending to participate in a

hearing must file a notice of their intention to do so. The Panels are

also allowed to conduct other proceedings in the exercise of their

basic functions, subject to section 251.7. For example, in the course

of a distribution controversy, a legal issue may arise which requires

resolution before the proper distribution can be determined. The Panel

could conduct a proceeding to resolve that issue, which would be part

of its function in determining the distribution. It may also happen

that resolution of the legal question will permit the parties to the

proceeding to settle their differences, thereby avoiding the need for a

Panel distribution determination. The Panel, however, is still subject

to section 251.7, and could not conduct a rulemaking proceeding

affecting any provisions of subpart E. Section 251.41 also recognizes

that, in the interest of reducing the expense of litigation, some

parties may wish to have their royalty entitlement or rate determined

solely by written submissions, and a procedure for petitioning the

Librarian to have a ``paper'' proceeding is provided.

Suspension or Waiver of Rules; Ad Hoc Procedures. As noted above,

although it is clear that the Arbitration Panels have no rulemaking

authority, section 251.42 authorizes them to waive or suspend the rules

of subpart E for purposes of a particular proceeding. This carries on a

practice formerly used by the Tribunal, and allows the Panels

flexibility in addressing the specific conditions and circumstances of

each proceeding; if the Panels were not allowed this flexibility, the

resulting procedural rigidity could produce injustices. In cases where

subpart E is silent as to the correct procedure to be observed, the

Panel may follow its own procedures, as long as they are consistent

with the Administrative Procedure Act. However, as with suspension or

waiver, the ad hoc procedures adopted by that Panel apply only to that

particular proceeding and that particular Panel.

Institution of Proceedings. As was the case with the former

Tribunal, proceedings before a Panel begin with the filing of the

written direct case. Section 251.43 specifies that the written direct

case must include all testimony and exhibits, complete with proper

referencing. Each party submitting a written direct case must specify

its requested royalty rate or percentage of the royalty pool, whichever

is applicable. No evidence may be submitted in the direct written case

without a sponsoring witness or official notice, unless good cause is

shown. Section 251.43 also gives Copyright Arbitration Royalty Panels

discretion in setting the time for the filing of written rebuttal cases

after the conclusion of the hearing.

Filing and Service of Written Cases and Pleadings. Section 251.44

governs the filing and service of written cases and pleadings. The

division of authority, together with the possible differences in the

location of the Copyright Office and the places where the CARPs hold

their hearings, require special filing and service requirements. The

former Tribunal could maintain all records and evidence at one

location, but this is not possible under the new system. Section

251.44(a), therefore, requires that an original and three copies of all

filings made to a Panel be submitted in such manner as the Panel shall

direct. As was discussed above in connection with the official mailing

address, location of arbitration proceedings is likely to change, and

the circumstances surrounding mail delivery and receipt could be

uncertain. Section 251.44(a) allows the Panels flexibility to deal with

this problem by allowing them to establish the means of delivery,

whether it be by direct hand delivery, delivery to a specified address,

or establishment of a temporary post office box. The parties submitting

filings, however, are still required to deliver one copy of their

pleading or filing to the Copyright Office at its official address. In

the case of large or bulky filings, a Panel may reduce the number of

copies it requires, but a complete copy must nonetheless be submitted

to the Copyright Office.

Section 251.44(b) prescribes the requirements with respect to all

filings with the Librarian of Congress--that is motions and pleadings

filed with the Librarian in accordance with these proposed rules both

before and after the CARP proceedings. Under the proposed rule, each

party must file an original and five copies with the Copyright Office.

Section 251.44 also maintains the English-language translation,

affidavit, subscription and verification, and service requirements of

the former Tribunal.

Precontroversy Discovery. Section 251.45 significantly expands the

scope of permitted discovery in arbitration proceedings. In his

statement accompanying H.R. 2840. Representative William Hughes,

Chairman of the House Subcommittee on Intellectual Property and

Judicial Administration of the House Committee on the Judiciary,

commented favorably on the use of precontroversy discovery and exchange

of information. See 139 Cong. Rec. H10973 (daily ed. Nov. 22, 1993)

(``In order to reduce the amount of actual litigation time, and thereby

reduce expenses, I encourage the Librarian to promulgate regulations

permitting exchange of information before the tolling of the 180-day

decision period, and, to the extent practicable, generally to permit

precontroversy discovery.''). Section 251.45 is proposed to explore the

efficacy of Chairman Hughes' recommendation. We particularly seek

comments on the scope of such precontroversy discovery: whether it

should include interrogatories of witnesses as well as production of

supporting documents, and whether it would advance Chairman Hughes'

goal of reducing costs by being able to stipulate facts and remove

issues, or whether the additional procedures might add costs to the

proceeding.

In the case of royalty distribution proceedings, the proposed rule

directs the Librarian to designate a period for precontroversy

discovery and exchange of documents. This period is to start after the

filing of claims and to end at the declaration of a controversy, and is

the same time period referred to by section 251.4(b) for the filing of

objections to arbitrators. In the case of rate adjustment proceedings,

the period for precontroversy discovery and exchange of documents

corresponds with the 90-day consideration period for all rate

adjustment petitions and proceedings specified by Sec. 251.63.

All parties to a proceeding may voluntarily exchange documents

during this time, or may make discovery requests. Failure to respond to

requests, and any other discovery controversies or issues, will be

resolved by the Librarian. All other objections to royalty claims or

petitions, or motions for procedural or evidentiary rulings, shall also

be submitted to the Librarian for decision during the same time period.

All parties to the proceeding will be given 14 days in which to respond

to a motion or objection, regardless of whether or not this 14-day

period goes beyond the time periods specified in subsection (a). The

Librarian, after consultation with the Register, shall rule on all

motions or objections timely submitted, and will not declare a

controversy and initiate arbitration proceedings until all rulings have

been made. See 17 U.S.C. 801(c).

Discovery and Motions during Proceedings. Section 251.45(c)

prescribes a similar procedure for exchanging documents and motions and

objections filed with a Panel once a proceeding beings. The Panel must

designate a period for discovery with respect to both the written

direct and rebuttal cases. No time limits are set on the length of the

discovery periods--although, given the Panel's 180-day existence, the

deadline will necessarily be short.

After the filing of written cases, either direct or rebuttal, any

party may file objections. If an objection is apparent on the face of

the written case, it must be raised or may thereafter be considered

waived. Section 251.45(d) allows each party whose claim, petition,

written case or direct evidence is the subject of an objection, either

before the Librarian or a Copyright Arbitration Royalty Panel, to amend

its filing to respond to the objection. The Librarian or the Panel may

also request that such amended filing be made where necessary. All

parties will be given a reasonable period of time to conduct discovery

on the amended filing.

Conduct of Hearings. Sections 251.46 through 251.48 are adopted

nearly intact from the former Tribunal's rules. Section 251.46

describes the role of the arbitrators and the chairperson during the

course of a hearing. Section 251.47 describes the course of proceedings

once a hearing has begun, and section 251.48 prescribes the rules of

evidence. Only conforming changes have been made to these sections.

Transcript and Record. Section 251.49 governs transcription of the

hearings and creation of the record. The Librarian shall, from time to

time, designate an official reporter to transcribe the hearings of any

arbitration proceedings taking place during that time. Since

arbitration proceedings are likely to take place in different

locations, the location of the transcript will not always be at a fixed

site. Therefore, the chairperson is directed to specify the location of

the transcript for public inspection. It is anticipated that the

location will usually correspond to that of the hearing, although this

may not always be the case. Once the arbitration proceeding is

concluded, the transcript, along with the full written record, will be

delivered to the Librarian and may be viewed at the Copyright Office.

Rulings and Orders. Section 251.50 gives CARPs the authority to

issue rules and orders necessary to the resolution of the proceedings.

Once again, the absence of the Panels' authority to issue rulemakings

amending, superseding, or supplementing the rules and regulations of

this Subchapter is underscored.

Closing Hearings; Submission of Findings and Conclusions; Report.

Section 251.51, with respect to closing the hearing, and section

251.52, on submission of proposed findings and conclusions, are adopted

intact from the former Tribunal's rules, with conforming amendments.

Section 251.53 essentially codifies the provisions of 17 U.S.C.

802(e) governing the report of Copyright Arbitration Royalty Panels to

the Librarian of Congress. The determination of a Panel is to be

certified and signed by all the arbitrators, and any written dissent is

to be certified and signed by the dissenting arbitrator. Panels must

distribute copies of their determination to all participating parties.

Assessment of Costs of Panels. Section 251.54 governs the

assessment of costs by Copyright Arbitration Royalty Panels.\5\ It

implements new section 802(c) of the Copyright Act which states:

\5\Assessment of costs by the Library and the Copyright Office

---------------------------------------------------------------------------

are addressed in Secs. 251.65 and 251.74.

In ratemaking proceedings, the parties to the proceedings shall

bear the entire cost thereof in such manner and proportion as the

Arbitration Panels shall direct. In distribution proceedings, the

parties shall bear the cost in direct proportion to their share of

---------------------------------------------------------------------------

the distribution.

After the conclusion of an arbitration proceeding, the Panel will

assess its costs in accordance with the above-described proportions.

The chairperson will deliver a statement to each participating party

listing the Panel's total costs, the party's individual share, and the

amount due to each arbitrator from that party. Payment is to be made to

each arbitrator, as provided in the statement, and must be made either

by money order, check, or bank draft. Failure to submit timely payment

will subject the party to the provisions of the Debt Collection Act of

1982.

Post-Panel Motions; Order of the Librarian; Effective Date;

Appeals. After the arbitration process has concluded and the Panel has

delivered its report, the Reform Act requires that the Librarian of

Congress review the sufficiency of the Panel's determination within 60

days of receipt of the report. Section 251.55 grants the parties to the

proceeding 14 days in which to file petitions with the Librarian

requesting that the determination be modified or set aside, and an

additional 14 days to reply to such petitions. The petitioner must

clearly state its reasons for the modification or reversal, and include

applicable portions of its proposed findings of fact and conclusions of

law. After the four-week period has run, the Librarian will proceed to

a decision on the Panel's report. Section 251.56 essentially codifies

the review process described in 17 U.S.C. 802(f), with the Librarian

publishing the order of his/her decision in the Federal Register and

delivering it to all the parties to the proceeding. The order is to be

effective 30 days after its publication in the Federal Register, unless

an appeal is taken (Sec. 251.57). The appeals process described in

Sec. 251.58 comes directly from 17 U.S.C. 802(g).

6. Subpart F--Rate Adjustment Proceedings

The basic procedural mechanics of an arbitration proceeding are

described in Subpart E, but the different nature of rate adjustment

proceedings in comparison with that of distribution proceedings calls

for additional separate requirements. Subpart F contains those

requirements for rate adjustment proceedings.

Scope of Subpart F. Section 251.60 describes the scope of Subpart

F, emphasizing that it applies only to rate adjustment proceedings and

that it augments the rules of Subpart E. In circumstances where one or

more provisions of Subpart E and F are inconsistent, section 251.60

makes clear that Subpart F is controlling.

Commencement of Proceedings; Content of Petitions. Section 251.61

describes the commencement of adjustment proceedings for the applicable

compulsory licenses. Adjustment is either automatic, as in the case of

non-commercial broadcasting, or by petition, as in the cases of cable,

phonorecords, jukeboxes, and audio home recording devices and media.

The section implements the changes made by the Reform Act with respect

to the dates when proceedings begin or when petitions may be filed.

Thus, cable rate adjustment petitions may be filed in 1995 and every 5

years thereafter; those for phonorecords in 1997 and every 10 years

thereafter; those for jukeboxes within one year of termination or

expiration of a negotiated license; and those for audio home recording

devices and media from October 29, 1997 to October 28, 1998 and not

more than once a year thereafter. In the case of noncommercial

educational broadcasting, the Librarian will publish notice of

initiation of arbitration proceedings on June 30, 1997, and every 5

years thereafter. Section 251.62 adopts the former Tribunal's rules

governing the content of a petition.

Period for Consideration. Section 251.63 is an important provision.

Although it adopts the 90-day ``cooling off'' period used by the

Tribunal to facilitate settlements after the filing of a petition, or

prior to a non-commercial educational broadcasting rate adjustment, the

90-day period is significant for other purposes. This same 90-day

period is used to conduct precontroversy discovery and exchange of

documents (Sec. 251.45), and to file objections to names on the

arbitrator list (Sec. 251.4). The Librarian will designate the 90-day

period for consideration by publishing notice in the Federal Register,

including the effective beginning and ending dates of that period.

Disposition of Petition; Initiation of Proceeding. After the

expiration of the 90-day period, and after the Librarian has resolved

all motions submitted during that period, section 251.64 prescribes

that the Librarian will determine the sufficiency of the rate

adjustment petition. If the petition is sufficient, the Librarian will

publish in the Federal Register a declaration of a controversy and, at

the same time, a notice of initiation of an arbitration proceeding. The

same declaration and notice of initiation shall be done for

noncommercial educational broadcasting in accordance with 17 U.S.C.

118(b) and (c). The declaration and notice of initiation will commence

the 180-day period for proceedings described in 17 U.S.C. 802.

Deduction of Costs. The final section of Subpart F, Sec. 251.65,

implements section 802(h)(1) of the Copyright Act which allows the

the rate adjustment proceeding directly to the participating parties.

These costs include any administrative services provided under U.S.C.

801(d).

7. Subpart G--Royalty Fee Distribution Proceedings

Subpart G is like Subpart F in that it prescribes additional

procedural requirements inherent in certain royalty distribution

proceedings. There are three compulsory licenses that require royalty-

fee distributions: cable, satellite and digital audio. Section 251.70

states that the provisions of Subpart G apply to these licenses, and

underscores that, in the case of inconsistencies, Subpart G takes

precedence over Subpart E.

Commencement of Proceedings; Determination of Controversy. Section

251.71 describes the commencement of distribution proceedings by

prescribing the time period for the filing of royalty claims.\6\ In the

case of cable, claims must be filed during the month of July; for

satellite during July; and for digital audio during January and

February. Under section 251.72, after the filing of claims as

prescribed by 17 U.S.C. Secs. 111(d)(4)(B) (cable). 119(b)(4)(B)

(satellite carrier), and 1007(b) (digital audio), the Librarian must

determine whether a controversy exists. The Librarian may issue

requests for information or conduct hearings to assist in determining

the existence of a controversy, with notice of the proceedings to be

published in the Federal Register.

---------------------------------------------------------------------------

\6\The procedures for filing claims are described in Parts 252,

256, and 258.

---------------------------------------------------------------------------

Declaration of Controversy; Initiation of Proceeding. Once the

Librarian has determined that controversy exists, he/she shall publish

in the Federal Register a declaration of controversy along with a

notice of initiation of arbitration. The notice is to include a

description of the nature, structure and schedule of the proceeding.

Deduction of Costs. Section Sec. 251.74 is the royalty-distribution

counterpart of Sec. 251.65; it allows the Library and the Copyright

Office to deduct their reasonable costs incurred as a result of a

distribution proceeding. These expenses include administrative services

provided under 17 U.S.C. 801(d).

B. Part 252--Filing of Claims to Cable Royalty Fees

Part 252 prescribes the filing requirements for claims to cable

royalties. The Part significantly revises the former Tribunal's rules

governing the filing of cable claims by implementing a procedural

system similar to that adopted by the Tribunal for the filing of

digital audio claims. See 58 FR 53822 (1993). Section 252.1 defines the

scope of Part 252.

Time of Filing. Section 252.2 specifies the time of filing for

cable claims. Claims for cable royalties from the preceding calendar

year must be filed during the month of July, and no distribution will

be made to any party failing to make a timely filing. Cable claims may

be filed jointly or singly as the submitting parties choose.

Content of Claims. Section 252.3 describes the required content of

a claim, and is more detailed than the former Tribunal's requirements.

The Copyright Office is not yet prepared to issue claimant forms, and

each claimant must therefore take care to insure that information

meeting all the requirements of section 252.3 is contained in each

claim. Each claim must state the full legal name of the claimant, and

its address, telephone number and facsimile number, if any. The

claimant must also identify at least one of its copyrighted works that

was subject to a secondary transmission by a cable system in the

previous calendar year, thereby establishing a basis for a claim to

royalties. If the claim is a joint claim, there must be a concise

statement of the authorization for filing the joint claim. For this

purpose, performing rights societies will not be required to obtain

separate authorizations from their individual members beyond their

standard agreements.

All claims must be signed by the claimant or a duly authorized

representative, and the Copyright Office must be notified of name and/

or address changes within 30 days of the change. Failure to notify the

Office in a timely fashion is grounds for dismissal of the claim. If a

party submitting an individual claim wishes to change it to a joint

claim, the Office must be notified within 14 days of the agreement to

submit a joint claim. All joint claimants must make available to the

Panel--a list of all individual claimants covered by the joint claim.

Compliance With Statutory Dates. Section 252.4 underscores the

importance of complying with the July filing period. A claim is

considered timely filed if it is received by the Copyright Office

during normal business hours in July, or is properly addressed to the

Claims dated only with a business meter and not received in July are

untimely. Absolutely no claim will be accepted if it is filed by

facsimile transmission.

Proof of Fixation. Finally, section 252.5 clarifies that the

works. In the event that the issue of fixation arises, the CARP

conducting the proceeding will resolve the controversy on the basis of

affidavits and other appropriate documentary evidence. No affidavits

need be submitted, however, unless requested by the Panel.

C. Parts 253-256

Parts 253 through 256 adopt, with only minor technical changes, the

provisions of the former Tribunal's regulations for use of copyrighted

works by noncommercial educational broadcasters, adjustment of royalty

rates for phonorecord players (jukeboxes), adjustment of royalty rates

for making and distributing phonorecords, and adjustment of royalty

rates for the cable compulsory license. These actions contain current

royalty rates, as adopted by the Tribunal, and will be amended by the

Arbitration Royalty Panel or the Librarian of Congress, as the case may

be.

In adopting Parts 253-256, several regulations of the former

Tribunal are being repealed. Former Part 303, entitled ``Access to

Phonorecord Players (Jukeboxes)'' is repealed, as is former Part 305,

``Claims to Phonorecord Player (Jukebox) Royalty Fees.'' The need for

these parts was eliminated by the Reform Act's repeal of the section

116 jukebox compulsory license and replacement with section 116A

governing negotiated licenses. The need for former Tribunal Part 306,

however, was not eliminated since it contains royalty rates applicable

to periods dating back to January 1, 1982. These rates must be

preserved, even though the compulsory license has now been eliminated

for future years, in the event that parties making use of copyrighted

works during the periods covered by the license may now, or in the

future, make initial or supplementary payments. Part 254 therefore

adopts Part 306 of the former Tribunal's rules, with only one minor

technical change.

D. Part 257--Filing of Claims to Satellite Carrier Royalty Fees

Part 257 implements exactly the same requirements for 17 U.S.C. 119

satellite carrier royalty claims that Part 252 adopts for cable claims.

Like those for cable, claims in these cases must be filed during the

month of July, and may be filed singly or jointly. Section 257.6 makes

it clear that, although cable and satellite have the same filing

period, separate claims must be filed by a party seeking both cable and

satellite royalty fees for the same calendar year. Any single claim

which attempts to file for both royalty funds will be dismissed.

E. Parts 258-259

Parts 258 and 259 govern the adjustment of royalty fees for the

satellite carrier compulsory license and the filing of digital audio

claims, respectively. These two parts adopt Parts 310 and 311 of the

former Tribunal's rules with only minor technical changes.

List of Subjects

37 CFR Parts 251 and 301

Administrative practice and procedure, Hearing and appeal

procedures.

37 CFR Parts 252 and 302

Cable television, Claims, Copyright.

37 CFR Parts 253 and 304

37 CFR Parts 254 and 306

37 CFR Parts 255 and 307

37 CFR Parts 256 and 308

Cable television, Rates.

37 CFR Parts 257 and 309

Cable television, Claims.

37 CFR Parts 258 and 310

37 CFR Parts 259 and 311

Claims, Copyright, Digital audio recording devices and media.

37 CFR Parts 303

37 CFR Parts 305

Claims, Jukeboxes.

Proposed Rules

For the reasons set out in the preamble, 37 CFR Chapters II and III

are proposed to be amended under authority of 17 U.S.C. 802(d) as

follows:

1. Part 301 of Chapter III is removed.

1a. New Subchapter A--Copyright Office Rules and Procedures--is

added to chapter II consisting of Parts 201-211.

1b. New Subchapter B--Copyright Arbitration Royalty Panel Rules and

Procedures--is added to chapter II consisting of Parts 251-259.

2. A new part 251 is added to subchapter B of Chapter II to read as

follows:

PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE

Subpart A--Organization

Sec.

251.1 Official Address.

251.2 Purpose of Copyright Arbitration Royalty Panels.

251.3 Arbitrator lists.

251.4 Arbitrator lists: Objections.

251.5 Qualifications of the arbitrators.

251.6 Composition and selection of Copyright Arbitration Royalty

Panels.

251.7 Actions of Copyright Arbitration Royalty Panels.

Subpart B--Public Access to Copyright Arbitration Royalty Panel

Meetings

251.11 Open meetings.

251.12 Conduct of open meetings.

251.13 Closed meetings.

251.14 Procedure for closed meetings.

251.15 Transcripts of closed meetings.

251.16 Requests to open or close meetings.

Subpart C--Public Access to and Inspection of Records

251.21 Public records.

251.22 Public access.

251.23 FOIA and Privacy Act [Reserved].

Subpart D--Standards of Conduct [Reserved]

Subpart E--Procedures of Copyright Arbitration Royalty Panels

251.40 Scope.

251.41 Formal hearings.

251.42. Suspension or waiver of rules.

251.43 Written cases.

251.44 Filing and service of written cases and pleadings.

251.45 Discovery and prehearing motions.

251.46 Conduct of hearings: Role for arbitrators.

251.47 Conduct of hearings: Witnesses and counsel.

251.48 Rules of evidence.

251.49 Transcript and record.

251.50 Rulings and orders.

251.51 Closing the hearing.

251.52 Proposed findings and conclusions.

251.53 Report to the Librarian of Congress.

251.54 Assessment of costs of Arbitration Panels.

251.55 Post-Panel motions.

251.56 Order of the Librarian of Congress.

251.57 Effective date of order.

251.58 Judicial review.

Subpart F--Rate Adjustment Proceedings

251.60 Scope.

251.61 Commencement of adjustment proceedings.

251.62 Content of petition.

251.63 Period for consideration.

251.64 Disposition of petition: Initiation of arbitration

proceeding.

251.65 Deduction of costs of rate adjustment proceedings.

Subpart G--Royalty Fee Distribution Proceedings

251.70 Scope.

251.71 Commencement of proceedings.

251.72 Determination of controversy.

251.73 Declaration of controversy: Initiation of arbitration

proceeding.

251.74 Deduction of costs of distribution proceedings.

Authority: 17 U.S.C. 801-803.

Subpart A--Organization

Sec. 251.1 Official address.

Congress, Washington, DC 20557-6400, (202) 707-8150

Sec. 251.2 Purpose of Copyright Arbitration Royalty Panels.

The Librarian of Congress, upon the recommendation of the Register

of Copyrights, may appoint and convene a Copyright Arbitration Royalty

Panel (CARP) for the following purposes:

(a) To make determinations concerning copyright royalty rates for

the cable compulsory license, 17 U.S.C. 111.

(b) To make determinations concerning copyright royalty rates for

the making and distributing of phonorecords, 17 U.S.C. 115.

coinoperated phonorecord players (jukeboxes) whenever a negotiated

license authorized by 17 U.S.C. 116 expires or is terminated and is not

replaced by another such license agreement.

(d) To make determinations concerning royalty rates and terms for

the use by noncommercial educational broadcast stations of certain

copyrighted works, 17 U.S.C. 118.

(e) To distribute cable television, satellite carrier and digital

audio recording devices and media royalty fees under 17 U.S.C. 111,

119, and chapter 10, respectively, deposited with the Register of

Copyrights.

Sec. 251.3 Arbitrator lists.

(a) Any professional arbitration association or organization may

submit, before March 1, 1994 and before January 1 of each year

thereafter, a list of its members qualified to serve as arbitrators on

a Copyright Arbitration Royalty Panel. Such list shall contain the

following for each member:

(1) The full name, address and telephone number of the member.

(2) The current position and name of the member's employer, if any,

along with a brief summary of the member's employment history.

(3) A brief description of the educational background of the

member, including teaching positions and membership in professional

associations, if any.

(4) A description of the facts and information which qualify the

member to serve as an arbitrator under Sec. 251.4.

(5) Any other information which the professional arbitration

association or organization may consider relevant.

(b) After March 1, 1994, and after January 1 of each year

thereafter, the Librarian of Congress shall publish in the Federal

associations and organizations submitted to the Librarian who satisfy

the qualifications and requirements of this subchapter and can

reasonably be expected to be available to serve as an arbitrator to a

Sec. 251.4 Arbitrator lists: Objections.

(a) In the case of a rate adjustment proceeding, any party to the

proceeding may, during the 90-day period specified in Sec. 251.63, file

an objection with the Librarian of Congress to one or more of the

persons contained on the arbitrator list for that proceeding. Such

objection shall plainly state the grounds and reasons for each person

found to be objectionable.

(b) In the case of a royalty distribution proceeding, any party to

the proceeding may, during the time specified in Sec. 251.45(a), file

an objection with the Librarian of Congress to one or more of the

persons contained on the arbitrator list for the proceeding. Such

objection shall plainly state the grounds and reasons for each person

found to be objectionable.

Sec. 251.5 Qualifications of the arbitrators.

In order to serve as an arbitrator to a copyright arbitration

panel, a person must, at a minimum, have the following qualifications:

(a) Membership in a bar association of any state, territory, trust

territory or possession of the United States.

(b) Ten or more years of legal practice.

facilitating the resolution and settlement of disputes.

Sec. 251.6 Composition and selection of Copyright Arbitration Royalty

Panels.

(a) Within 10 days after publication of a notice in the Federal

Librarian of Congress shall, upon recommendation of the Register of

Copyrights, select 2 arbitrators from lists provided by professional

arbitration associations.

(b) The 2 arbitrators so selected shall, within 10 days of their

selection, choose a third arbitrator from the same lists. The third

arbitrator shall serve as the chairperson of the Panel during the

course of the proceedings.

third, the Librarian shall promptly select the third arbitrator from

the same lists.

(d) The third arbitrator so chosen shall serve as the chairperson

of the Panel during the course of the proceeding. In all matters,

procedural or substantive, the chairperson shall act according to the

majority wishes of the Panel.

(e) If for any reason one or more of the arbitrators selected by

the Librarian is unable to serve during the course of the proceedings,

the Librarian shall promptly appoint a replacement: Provided, that once

hearings have commenced, no such appointment shall be made and the

remaining arbitrators shall constitute a quorum necessary to the

determination of the proceeding.

Sec. 251.7 Actions of Copyright Arbitration Royalty Panels.

Any action of a Copyright Arbitration Royalty Panel requiring

publication in the Federal Register according to 17 U.S.C. or the rules

and regulations of this subchapter shall be published under the

authority of the Librarian of Congress and the Register of Copyrights.

Under no circumstances shall a CARP engage in rulemaking designed to

amend, supplement or supersede any of the rules and regulations of this

subchapter, or seek to have any such action published in the Federal

Subpart B--Public Access to Copyright Arbitration Royalty Panel

Meetings

Sec. 251.11 Open meetings.

(a) All meetings of a Copyright Arbitration Royalty Panel shall be

open to the public, with the exception of meetings that are listed in

Sec. 251.13.

(b) At the beginning of each proceeding, the CARP shall develop the

original schedule of the proceeding which shall be published in the

Federal Register at least 7 calendar days in advance of the first

meeting. Such announcement shall state the times, dates, and place of

the meetings, the testimony to be heard, whether any of the meetings

are to be closed, and, if so, which ones, and the name and telephone

number of the person to contact for further information.

announced in open meeting and issued as orders to the parties

participating in the proceeding, and the changes will be noted in the

docket file of the proceeding. In addition, the contact person for the

proceeding shall make any additional efforts to publicize the change as

are practicable.

(d) If it is decided that the publication of the original schedule

must be made on shorter notice than 7 days, that decision must be made

by a recorded vote of the Panel and included in the announcement.

Sec. 251.12 Conduct of open meetings.

(a) Meetings of a Copyright Arbitration Royalty Panel will be

conducted in a manner to insure both the public's right to observe and

the ability of the Panel to conduct its business properly. The

chairperson will take whatever measures necessary to achieve that

purpose.

(b) The right of the public to be present does not include the

right to participate or make comments.

sessions, as long as it does not interfere with the comfort or

efficiency of the arbitrators or witnesses. Cameras will be admitted

only on the authorization of the chairperson, and no witness may be

photographed or have his or her testimony recorded for broadcast if he

or she objects.

Sec. 251.13 Closed meetings.

In the following circumstances, a Copyright Arbitration Royalty

Panel may close its meetings or withhold information from the public:

(a) If the matter to be discussed has been specifically authorized

to be kept secret by Executive Order, in the interests of national

defense or foreign policy; or

(b) If the matter relates solely to the internal practices of a

statute (other than 5 U.S.C. 552) and there is no discretion on the

issue; or

(d) If the matter involves privileged or confidential trade secrets

or financial information; or

(e) If the result might be to accuse any person of a crime or

formally censure him or her; or

(f) If there would be clearly unwarranted invasion of personal

privacy; or

(g) If there would be disclosure of investigatory records compiled

for law enforcement, or information that if written would be contained

in such records, and to the extent disclosure would:

(1) Interfere with enforcement proceedings; or

(2) Deprive a person of the right to a fair trial or impartial

adjudication; or

(3) Constitute an unwarranted invasion of personal privacy; or

(4) Disclose the identity of a confidential source or, in the case

of a criminal investigation or a national security intelligence

investigation, disclose confidential information furnished only by a

confidential source; or

(5) Disclose investigative techniques and procedures; or

(6) Endanger the life or safety of law enforcement personnel.

(h) If premature disclosure of the information would frustrate a

already disclosed the concept or nature of the proposed action, or is

required by law to make disclosure before taking final action; or

(i) If the matter concerns a CARP's participation in a civil action

or proceeding or in an action in a foreign court or international

tribunal, or an arbitration, or a particular case of formal agency

adjudication pursuant to 5 U.S.C. 554, or otherwise involving a

determination on the record after opportunity for a hearing; or

(j) If a motion or objection has been raised in an open meeting and

the Panel determines that it is in the best interest of the proceeding

to deliberate on such motion or objection in closed session.

Sec. 251.14 Procedure for closed meetings.

(a) Meetings may be closed, or information withheld from the

public, only by a recorded vote of a majority of arbitrators of a

meeting or to withhold information, must be voted on separately, unless

a series of meetings is involved, in which case the Panel may vote to

keep the discussions closed for 30 days, starting from the first

meetings. If the panel feels that information about a closed meeting

must be withheld, the decision to do so must also be the subject of a

recorded vote.

(b) Before a discussion to close a meeting or withhold information,

the chairperson of a CARP must certify that such an action is

permissible, and the chairperson shall cite the appropriate exemption

under Sec. 251.13. This certification shall be included in the

announcement of the meeting and be maintained as part of the record of

proceedings of the Panel.

published in the Federal Register as soon as possible:

(1) The vote of each arbitrator; and

(2) The appropriate exemption under Sec. 251.13; and

(3) A list of all persons expected to attend the meeting and their

affiliation.

Sec. 251.15 Transcripts of closed meetings.

(a) All meetings closed to the public shall be subject either to a

complete transcript or, in the case of Sec. 251.13(h) and at the

discretion of the Copyright Arbitration Royalty Panel, detailed

minutes. Detailed minutes shall describe all matters discussed,

identify all documents considered, summarize action taken as well as

the reasons for it, and record all roll call votes as well as any views

expressed.

(b) Such transcripts or minutes shall be kept by the Copyright

Office for at least 2 years, or for at least 1 year after the

conclusion of the proceedings, whichever is later. Any portion of

transcripts of meetings which the chairperson of a CARP does not feel

is exempt from disclosure under Sec. 251.13 will ordinarily be

available to the public within 20 working days of the meeting.

Transcripts or minutes of closed meetings will be reviewed by the

chairperson at the end of the proceedings of the Panel and, if at that

time he or she determines that they should be disclosed, he or she will

resubmit the question to the Panel to gain authorization for their

disclosure.

Sec. 251.16 Requests to open or close meetings.

(a) Any person may request a Copyright Arbitration Royalty Panel to

open or close a meeting or disclose or withhold information. Such

request must be captioned ``Request to Open'' or ``Request to Close'' a

meeting on a specified date concerning a specific subject. The person

making the request must state his or her reasons, and include his or

her name, address, and telephone number.

(b) In the case of a request to open a meeting that a CARP has

previously voted closed, the Panel must receive the request within 3

working days of the meeting's announcement. Otherwise the request will

not be heeded, and the person making the request will be so notified.

An original and three copies of the request must be submitted.

question must be brought to a vote before the Panel. If the request is

granted, an amended meeting announcement will be issued and the person

making the request notified. If a vote is not taken, or if after a vote

the request is denied, said person will also be notified promptly.

Subpart C--Public Access to and Inspection of Records

Sec. 251.21 Public records.

(a) All official determinations of a Copyright Arbitration Royalty

Panel will be published in the Federal Register in accordance with

Sec. 251.7 and include the relevant facts and reasons for those

determinations.

(b) All records of a CARP, and all records of the Librarian of

Congress assembled and/or created under 17 U.S.C. 801 and 802, are

available for inspection and copying at the address provided in

Sec. 251.1 with the exception of:

(1) Records that relate solely to the internal personnel rules and

practices of the Copyright Office or the Library of Congress;

(2) Records exempted by statute from disclosure;

(3) Interoffice memoranda or correspondence not available by law

except to a party in litigation with a CARP, Copyright Office or

Library of Congress;

(4) Personnel, medical or similar files whose disclosure would be

an invasion of personal privacy;

(5) Communications among arbitrators of a Panel concerning the

drafting of decisions, opinions, reports, and findings on any Panel

matter or proceeding;

(6) Communications among the Librarian of Congress and staff of the

reports, selection of arbitrators or findings on any matter or

proceeding conducted under 17 U.S.C. chapter 8;

(7) Offers of settlement which have not been accepted, unless they

have been made public by the offeror;

(8) Records not herein listed but which may be withheld as

``exempted'' if a CARP or the Librarian of Congress finds compelling

reasons for such action to exist.

Sec. 251.22 Public access.

(a) Location of Records. All records relating to rate adjustment

and distribution proceedings under this subchapter which are:

(1) Required to be filed with the Copyright Office; or

(2) Submitted to or produced by the Copyright Office or Library of

Congress under 17 U.S.C. 801 and 802, or

(3) Submitted to or produced by a Copyright Arbitration Royalty

Panel during the course of a concluded proceeding shall be maintained

at the Copyright Office. In the case of records submitted to or

produced by a CARP which is currently conducting a proceeding, such

records shall be maintained by the chairperson of that Panel at the

location of the hearing or at a location specified by the panel. Upon

conclusion of the proceeding, all records shall be delivered by the

chairperson to the Copyright Office.

(b) Requesting information. Requests for information or access to

records described in Sec. 251.21 shall be directed to the Copyright

Office at the address listed in Sec. 251.1. No requests shall be

directed to or accepted by a Copyright Arbitration Royalty Panel. In

the case of records in the possession of a CARP, the Copyright Office

shall make arrangements with the Panel for access and copying by the

person making the request.

are $0.40 per page, and fees for searching for records, certification

of documents, and other costs incurred are as provided in 17 U.S.C.

705, 708.

Sec. 251.23 FOIA and Privacy Act [Reserved]

Subpart D--Standards of Conduct [Reserved]

Subpart E--Procedures of Copyright Arbitration Royalty Panels

Sec. 251.40 Scope.

This subpart governs the proceedings of Copyright Arbitration

Royalty Panels for the adjustment of royalty rates and distribution of

royalty fees convened under 17 U.S.C. 803. This subpart does not apply

to other arbitration proceedings specified by 17 U.S.C., or to actions

or rulemakings of the Librarian of Congress or the Register of

Copyrights, except where expressly provided in the provisions of this

subpart.

Sec. 251.41 Formal hearings.

(a) The formal hearings that will be conducted under the rules of

this subpart are rate adjustment hearings and royalty fee distribution

hearings. All parties intending to participate in a hearing of a

intention. A CARP may also, on its own motion or on the petition of an

interested party, hold other proceedings it considers necessary to the

exercise of its functions, subject to the provisions of Sec. 251.7. All

such proceedings will be governed by the rules of this subpart.

(b) During the time periods provided in Sec. 251.45(a) and

Sec. 251.63, any party to the proceeding may petition the Librarian of

Congress to have the determination of the controversy rendered strictly

on the submission of written pleadings. Replies to such petitions may

be filed within 14 days. The Librarian, upon recommendation of the

declaration of a controversy and initiation of a proceeding.

Sec. 251.42 Suspension or waiver of rules.

For purposes of an individual proceeding, the provisions of this

subpart may be suspended or waived, in whole or in part, by a Copyright

Arbitration Royalty Panel upon a showing of good cause, subject to the

provisions of Sec. 251.7. Such suspension or waiver shall apply only to

the proceeding of the CARP taking that action, and shall not be binding

on any other Panel or proceeding. Where procedures have not been

specifically prescribed in this subpart, and subject to Sec. 251.7, the

Panel shall follow procedures consistent with 5 U.S.C. chapter 5,

subchapter II.

Sec. 251.43 Written cases.

(a) The proceedings of a Copyright Arbitration Royalty Panel for

rate adjustment, royalty fee distribution, or arbitration conducted

under 17 U.S.C. 1010 shall begin with the filing of written direct

cases of the parties who have filed a notice of intent to participate

in the hearing.

(b) The written direct case shall include all testimony, including

each witness's background and qualifications, along with all the

exhibits to be presented in the direct case.

records of the Copyright Royalty Tribunal, that it wants included in

its direct case. Complete testimony of each witness whose testimony is

designated (i.e., direct, cross and redirect) must be referenced.

(d) In the case of a royalty fee distribution proceeding, each

party must state in the written direct case its percentage or dollar

claim to the fund. In the case of a rate adjustment proceeding, each

part must state its requested rate. No party will be precluded from

revising its claim or its requested rate at any time during the

proceeding up to the filing of the proposed findings of fact and

conclusions of law.

(e) No evidence, including exhibits, may be submitted in the

written direct case without a sponsoring witness, except where the

Panel has taken official notice, or in the case of incorporation by

reference of past records, or for good cause shown.

(f) Written rebuttal cases of the parties shall be filed at a time

designated by a CARP upon conclusion of the hearing of the direct case

in the same form and manner as the direct case, except that the claim

or the requested rate shall not have to be included if it has not

changed from the direct case.

Sec. 251.44 Filing and service of written cases and pleadings.

(a) Copies filed with a Copyright Arbitration Royalty Panel. In all

filings with a Copyright Arbitration Royalty Panel, the submitting

party shall deliver, in such a fashion as the Panel shall direct, an

original and three copies to the Panel. The submitting party shall also

deliver one copy to the Copyright Office at the address listed in

Sec. 251.1. In the case of exhibits whose bulk or whose cost of

reproduction would unnecessarily encumber the record or burden the

party, a CARP may reduce the number of copies required by the Panel,

but a complete copy must still be submitted to the Copyright Office. In

no case shall a party tender any written case or pleading by facsimile

transmission.

(b) Copies filed with the Librarian of Congress. In all pleadings

filed with the Librarian of Congress, the submitting party shall

deliver an original and five copies to the Copyright Office. In no case

shall a party tender any pleading by facsimile transmission.

the Librarian of Congress, each submission that is in a language other

than English shall be accompanied by an English-language translation,

duly verified under oath to be a true translation. Any other party to

the proceeding may, in response, submit its own English-language

translation, similarly verified.

(d) Affidavits. The testimony of each witness in a party's written

case, direct or rebuttal, shall be accompanied by an affidavit or a

declaration made pursuant to 28 U.S.C. 1746 supporting the testimony.

(e) Subscription and verification. (1) The original of all

documents filed by any party represented by counsel shall be signed by

at least one attorney of record and shall list the attorney's address

and telephone number. All copies shall be conformed. Except for

English-language translations, written cases, or when otherwise

required, documents signed by the attorney for a party need not be

verified or accompanied by an affidavit. The signature of an attorney

constitutes certification that he or she has read the document, that to

the best of his or her knowledge and belief there is good ground to

support it, and that it has been interposed for purposes of delay.

(2) The original of all documents filed by a party not represented

by counsel shall be both signed and verified by that party and list

that party's address and telephone number.

(3) The original of a document that is not signed, or is signed

with the intent to defeat the purpose of this section, may be stricken

as sham and false, and the matter shall proceed as though the document

had not been filed.

(f) Service. In all filings with a CARP or the Librarian of

Congress, a copy shall be served upon counsel of all other parties

identified in the service list, or, if the party is unrepresented by

counsel, upon the party itself. Proof of service shall accompany the

filing with the Panel or the Copyright Office. If a party files a

pleading that requests or would require action by the Panel or the

Librarian within 10 or fewer days after the filing, it must serve the

pleading upon all other counsel or parties by means no slower than

overnight express mail on the same day the pleading is filed.

Sec. 251.45 Discovery and prehearing motions.

(a) Precontroversy exchange of documents and discovery. In the case

of a royalty fee distribution proceeding, the Librarian of Congress

shall, after the time period for filing claims and before publication

of the notice initiating an arbitration proceeding under 17 U.S.C. 803,

designate a period for precontroversy exchange and discovery of

nonprivileged underlying documents related to the proceeding. In the

case of rate adjustment proceedings, the period for precontroversy

exchange and discovery of documents shall correspond with the 90-day

period specified in Sec. 251.63.

(b) Precontroversy motions and objections. During the time periods

specified in Sec. 251.45(a), as appropriate, any party to the

proceeding may file with the Librarian of Congress motions regarding

precontroversy exchange of documents or discovery, objections to any

party's royalty claim or petition, or motions for procedural or

evidentiary rulings, on any proper ground. Any party to the proceeding

wishing to file a response to such motion or objection may do so within

14 days. The Librarian, upon recommendation of the Register of

Copyrights, shall rule on the motion or objection prior to the

declaration of a controversy and initiation of an arbitration

proceeding.

Royalty Panel. (1) A Copyright Arbitration Royalty Panel shall

designate a period following the filing of the written direct and

rebuttal cases in which parties may request of an opposing party

nonprivileged underlying documents related to the written exhibits and

testimony.

(2) After the filing of the written cases, any party may file with

a CARP objections to any portion of another party's written case on any

proper ground including, without limitation, relevance, competency, and

failure to provide underlying documents. If an objection is apparent

from the face of a written case, that objection must be raised or the

party may thereafter be precluded from raising such an objection.

(d) Amended filings and discovery. In the case of objections filed

with either the Librarian of Congress or a CARP, each party may amend

its claim, petition, written case, or direct evidence to respond to the

objections raised by other parties, or to the requests of either the

Librarian or a Panel. Such amendments must be properly filed with the

Librarian or the CARP, wherever appropriate, and exchanged with all

parties. All parties shall be given a reasonable opportunity to conduct

discovery on the amended filings.

Sec. 251.46 Conduct of hearings: Role of arbitrators.

(a) At the opening of a hearing conducted by a Copyright

Arbitration Royalty Panel, the chairperson shall announce the subject

under consideration.

(b) Only the arbitrators of a CARP, or counsel as provided in this

chapter, shall question witnesses.

responsibility for:

(1) Setting the order of presentation of evidence and appearance of

witnesses:

(2) Administering oaths and affirmations to all witnesses;

(3) Announcing the Panel's ruling on objections and motions and all

rulings with respect to introducing or excluding documentary or other

evidence. In all cases, whether there are an even or odd number of

arbitrators sitting at the hearing, it takes a majority vote to grant a

motion or sustain an objection. A split vote will result in the denial

of the motion or the overruling of the objection;

(4) Regulating the course of the proceedings and the decorum of the

parties and their counsel, and insuring that the proceedings are fair

and impartial; and

(5) Announcing the schedule of subsequent hearings.

(d) Each arbitrator may examine any witness or call upon any party

for the production of additional evidence at any time. Further

examination, cross-examination, or redirect examination by counsel

relevant to the inquiry initiated by an arbitrator may be allowed by a

Panel, but only to the limited extent that it is directly responsive to

the inquiry of the arbitrator.

Sec. 251.47 Conduct of hearings: Witnesses and counsel.

(a) With all due regard for the convenience of the witnesses,

proceedings shall be conducted as expeditiously as possible.

(b) In each distribution or rate adjustment proceeding, each party

may present its opening statement with the presentation of its direct

case.

before testifying; however, attorneys who do not appear as witnesses

shall not be required to do so.

(d) Witnesses shall first be examined by their attorney and by

opposing attorneys for their competency to support their written

testimony and exhibits (voir dire).

(e) Witnesses may then summarize, highlight or read their

testimony. However, witnesses may not materially supplement or alter

their written testimony except to correct it, unless the Panel expands

the witness' testimony to complete the record.

(f) Parties are entitled to raise objections to evidence on any

proper ground during the course of the hearing, including an objection

that an opposing party has not furnished nonprivileged underlying

documents. However, they may not raise objections that were apparent

from the face of a written case and could have been raised before the

hearing without leave from the Panel. See Sec. 251.45(c).

(g) All written testimony and exhibits will be received into the

record, except any to which the Panel sustains an objection; no

separate motion will be required.

(h) If the Panel rejects or excludes testimony and an offer of

proof is made, the offer of proof shall consist of a statement of the

substance of the evidence which it is contended would have been

adduced. In the case of documentary or written evidence, a copy of such

evidence shall be marked for identification and shall constitute the

offer of proof.

(i) The Panel shall discourage the presentation of cumulative

evidence, and may limit the number of witnesses that may be heard on

behalf of any one party on any one issue.

(j) Parties are entitled to conduct cross-examination and redirect

examination. Cross-examination is limited to matters raised on direct

examination. Redirect examination is limited to matters raised on

cross-examination. The Panel, however, may limit cross-examination and

redirect examination if in its judgment this evidence or examination

would be cumulative or cause undue delay. Conversely, this subsection

does not restrict the discretion of the Panel to expand the scope of

cross-examination or redirect examination.

(k) Documents that have not been exchanged in advance may be shown

to a witness on cross-examination. However, copies of such documents

must be distributed to the Panel and to other participants or their

counsel at hearing before being shown to the witness at the time of

cross-examination, unless the Panel directs otherwise. If the document

is not, or will not be, supported by a witness for the cross-examining

party, that document can be used solely to impeach the witness's direct

testimony and cannot itself be relied upon in findings of fact as

rebutting the witness' direct testimony. However, upon leave from the

Panel, the document may be admitted as evidence without a sponsoring

witness if official notice is proper, or if, in the Panel's view, the

cross-examined witness is the proper sponsoring witness.

(l) A CARP will encourage individuals or groups with the same or

similar interests in a proceeding to select a single representative to

conduct their examination and cross-examination for them. However, if

there is no agreement on the selection of a representative, each

individual or group will be allowed to conduct its own examination and

cross-examination, but only on issues affecting its particular

interests, provided that the questioning is not repetitious or

cumulative of the questioning of their parties within the group.

Sec. 251.48 Rules of evidence.

(a) Admissibility. In any public hearing before a Copyright

Arbitration Royalty Panel, evidence that is not unduly repetitious or

cumulative and is relevant and material shall be admissible. The

testimony of any witness will not be considered evidence in a

proceeding unless the witness has been sworn.

(b) Documentary evidence. Evidence that is submitted in the form of

documents or detailed data and information shall be presented as

exhibits. Relevant and material matter embraced in a document

containing other matter not material or relevant or not intended as

evidence must be plainly designated as the matter offered in evidence,

and the immaterial or irrelevant parts shall be marked clearly so as to

show they are not intended as evidence. In cases where a document in

which material and relevant matter occurs is of such bulk that it would

unnecessarily encumber the record, it may be marked for identification

and the relevant and material parts, once properly authenticated, may

be read into the record. If the Panel desires, a true copy of the

material and relevant matter may be presented in extract form, and

submitted as evidence. Anyone presenting documents as evidence must

present copies to all other participants at the hearing or their

attorneys, and afford them an opportunity to examine the documents in

their entirety and offer into evidence any other portion that may be

considered material and relevant.

documents already on file with a Copyright Arbitration Royalty Panel or

the Copyright Office, the documents themselves need not be produced,

but may instead be referred to according to how they have been filed.

(d) Public documents. If a public document such as an official

report, decision, opinion, or published scientific or economic data, is

offered in evidence either in whole or in part, and if the document has

been issued by an Executive Department, a legislative agency or

committee, or a Federal administrative agency (Government-owned

corporations included), and is proved by the party offering it to be

reasonably available to the public, the document need not be produced

physically, but may be offered instead by identifying the document and

signaling the relevant parts.

(e) Introduction of studies and analyses. If studies or analyses

are offered in evidence, they shall state clearly the study plan, all

relevant assumptions, the techniques of data collection, and the

techniques of estimation and testing. The facts and judgments upon

which conclusions are based shall be stated clearly, together with any

alternative courses of action considered. If requested, tabulations of

input data shall be made available to the Copyright Arbitration Royalty

Panel.

(f) Statistical studies. Statistical studies offered in evidence

shall be accompanied by a summary of their assumptions, their study

plans, and their procedures. Supplementary details shall be included in

appendices. For each of the following types of statistical studies the

following should be furnished:

(1) Sample surveys. (i) A clear description of the survey design,

the definition of the universe under consideration, the sampling frame

and units, the validity and confidence limits on major estimates; and

(ii) An explanation of the method of selecting the sample and of

which characteristics were measured or counted.

(2) Econometric investigations. (i) A complete description of the

econometric model, the reasons for each assumption, and the reasons for

the statistical specification;

(ii) A clear statement of how any changes in the assumptions might

affect the final result; and

(iii) Any available alternative studies, if requested, which employ

alternative models and variables.

(3) Experimental analysis. (i) A complete description of the

design, the controlled conditions, and the implementation of controls;

and

(ii) A complete description of the methods of observation and

adjustment of observation.

(4) Studies involving statistical methodology. (i) The formula used

for statistical estimates;

(ii) The standard error for each component;

(iii) The test statistics, the description of how the tests were

conducted, related computations, computer programs and all final

results; and

(iv) Summarized descriptions of input data and, if requested, the

input data itself.

Sec. 251.49 Transcript and record.

(a) An official reporter for the recording and transcribing of

hearings shall be designated by the Librarian of Congress from time to

time. Anyone wishing to inspect the transcript of a hearing may do so

at a location specified by the chairperson of the Copyright Arbitration

Royalty Panel conducting the hearing. Anyone wishing a copy of the

transcript must purchase it from the official reporter.

(b) The transcript of testimony and all exhibits, papers, and

requests filed in the proceeding shall constitute the official written

record. Such record shall accompany the report of the determination of

the CARP to the Librarian of Congress required by 17 U.S.C. 802(e).

CARP, shall be available at the Copyright Office for public inspection

and copying in accordance with Sec. 251.22.

Sec. 251.50 Rulings and orders.

In accordance with 5 U.S.C., subchapter II, a Copyright Arbitration

Royalty Panel may issue rulings or orders, either on its own motion or

that of an interested party, necessary to the resolution of issues

contained in the proceeding before it; Provided, That no such rules or

orders shall amend, supplement or supersede the rules and regulations

contained in this subchapter. See Sec. 251.7.

Sec. 251.51 Closing the hearing.

To close the record of hearing, the chairperson of a Copyright

Arbitration Royalty Panel shall make an announcement that the taking of

testimony has concluded. In its discretion the Panel may close the

record as of a future specified date, and allow time for exhibits yet

to be prepared to be admitted, provided that the parties to the

proceeding stipulate on the record that they waive the opportunity to

cross-examine or present evidence with respect to such exhibits. The

record in any hearing that has been recessed may not be closed by the

chairperson before the day on which the hearing is to resume, except

upon 10 days' notice to all parties.

Sec. 251.52 Proposed findings and conclusions.

(a) Any party to the proceeding may file proposed findings of fact

and conclusions, briefs, or memoranda of law, or may be directed by the

chairperson to do so. Such filings, and any replies to them, shall take

place at such time after the record has been closed as the chairperson

directs.

(b) Failure to file when directed to do so shall be considered a

waiver of the right to participate further in the proceeding, unless

good cause for the failure is shown.

include all basic evidentiary facts developed on the record used to

support proposed conclusions, and shall contain appropriate citations

to the record for each evidentiary fact. Proposed conclusions shall be

stated separately. Proposed findings submitted by someone other than an

applicant in a proceeding shall be restricted to those issues

specifically affecting that person.

Sec. 251.53 Report to the Librarian of Congress.

(a) At any time after the filing of proposed findings of fact and

conclusions of law specified in Sec. 251.52, and not later than 180

days from publication in the Federal Register of notification of

commencement of the proceeding, a Copyright Arbitration Royalty Panel

shall deliver to the Librarian of Congress a report incorporating its

written determination. Such determination shall be accompanied by the

written record, and shall set forth the facts that the Panel found

relevant to its determination.

(b) The determination of the Panel shall be certified by the

chairperson and signed by all of the arbitrators. Any dissenting

opinions shall be certified and signed by the arbitrator so dissenting.

Congress, the chairperson of the Panel shall cause a copy of the

determination to be delivered to all parties participating in the

proceeding.

(d) The Librarian of Congress shall make the report of the CARP and

the accompanying record available for public inspection and copying.

Sec. 251.54 Assessment of costs of Arbitration Panels.

(a) After the conclusion of the proceeding and the delivery of the

report of the determination of the Copyright Arbitration Royalty Panel,

the Panel may assess its costs to the participants to the proceeding.

(1) In the case of a rate adjustment proceeding, the parties to the

proceeding shall bear the entire cost thereof in such manner and

proportion as the Panel shall direct.

(2) In the case of a royalty distribution proceeding, the parties

to the proceeding shall bear the cost of the proceeding in direct

proportion to their share of the distribution.

(b) The chairperson of the Panel shall cause to be delivered to

each participating party a statement of the total costs of the

proceeding, the party's share of the total cost, and the amount owed by

the party to each arbitrator.

the statement of costs and bill for payment in which to tender payment

to the arbitrators. Payment should be in the form of a money order,

check, or bank draft. Failure to submit timely payment may submit the

nonpaying party to the provisions of the Debt Collection Act of 1982,

including disclosure to consumer credit reporting agencies and referral

to collection agencies.

Sec. 251.55 Post-Panel motions.

(a) Any party to the proceeding may file with the Librarian of

Congress a petition to modify or set aside the determination of a

receipt of the Panel's report of its determination. Such petition shall

state the reasons for modification or reversal of the Panel's

determination, and shall include applicable sections of the party's

proposed findings of fact and conclusions of law.

(b) Replies to petitions to modify or set aside shall be filed

within 14 days of the filing of such petitions.

Sec. 251.56 Order of the Librarian of Congress.

(a) After the filing of post-Panel motions, see Sec. 251.55, but

within 60 days from receipt of the report of the determination of a

Panel, the Librarian of Congress shall issue an order accepting the

Panel's determination or substituting the Librarian's own

determination. The Librarian shall adopt the determination of the Panel

unless he or she finds that the determination is arbitrary or contrary

to the applicable provisions of 17 U.S.C.

(b) If the Librarian substitutes his or her own determination, the

order shall set forth the reasons for not accepting the Panel's

determination, and shall set forth the facts which the Librarian found

relevant to his or her determination.

to all parties participating in the proceeding. The librarian shall

also publish the order, and the determination of the Panel, in the

Federal Register .

Sec. 251.57 Effective date of order.

An order of determination issued by the Librarian under Sec. 251.56

shall become effective 30 days following its publication in the Federal

notice of the appeal has been served on all parties to the proceeding.

Sec. 251.58 Judicial review.

(a) Any order of determination issued by the Librarian of Congress

under Sec. 251.55 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 publication of

the order in the Federal Register.

(b) If no appeal is brought within the 30 day period, the order of

determination of the Librarian is final, and shall take effect as set

forth in the order.

to make royalty payments under 17 U.S.C. 111, 115, 116, 118, 119, or

1003, and who would be affected by the determination on appeal, from

depositing statements of account and royalty fees specified by those

sections.

Subpart F--Rate Adjustment Proceedings

Sec. 251.60 Scope.

This subpart governs only those proceedings dealing with royalty

rate adjustments affecting cable television (17 U.S.C. 111), the

production of phonorecords (17 U.S.C. 115), performances on coin-

operated phonorecord players (jukeboxes) (17 U.S.C. 116), noncommercial

educational broadcasting (17 U.S.C. 118), and audio home recording

devices and media (17 U.S.C. chapter 10). Those provisions of subpart E

of this part generally regulating the conduct of proceedings shall

apply to rate adjustment proceedings, unless they are inconsistent with

the specific provisions of this subpart.

Sec. 251.61 Commencement of adjustment proceedings.

(a) In the case of cable television, phonorecords, coin-operated

phonorecord players (jukeboxes) and audio home recording devices and

media, rate adjustment proceedings shall commence with the filing of a

petition by an interested party according to the following schedule:

(1) Cable Television: During 1995, and each subsequent fifth

calendar year.

(2) Phonorecords: During 1997 and each subsequent 10th calendar

year.

(3) Coin-operated phonorecord players (jukeboxes): Within one year

of the expiration or termination of a negotiated license authorized by

17 U.S.C. 116.

(4) Audio home recording devices and media: From October 29, 1997

to October 28, 1998, and not more than once each year thereafter.

(b) Cable rate adjustment proceedings may also be commenced by the

filing of a petition, according to 17 U.S.C. 801(b)(2) (B) and (C), if

the Federal Communications Commission amends certain of its rules with

respect to the carriage by cable systems of broadcast signals, or with

respect to syndicated and sports programming exclusivity.

petition is not necessary for the commencement of proceedings.

Proceedings commence with the publication of a notice of the initiation

of arbitration proceedings in the Federal Register on June 30, 1997,

and at 5 year intervals thereafter.

Sec. 251.62 Content of petition.

(a) In the case of a petition for rate adjustment proceedings for

cable television, phonorecords, and coin-operated phonorecord players

(jukeboxes), the petition shall detail the petitioner's interest in the

royalty rate sufficiently to permit the Librarian of Congress to

determine whether the petitioner has a ``significant interest'' in the

matter. The petition must also identify the extent to which the

petitioner's interest is shared by other owners or users; owners or

users with similar interests may file a petition jointly.

(b) In the case of a petition for rate adjustment proceedings as

the result of a Federal Communications Commission rule change, the

petition shall also set forth the actions of the Federal Communications

Commission on which the petition for a rate adjustment is based.

Sec. 251.63 Period for consideration.

To allow time for parties to settle their differences regarding

rate adjustments, the Librarian of Congress shall, after the filing of

a petition, or prior to a rate adjustment made under 17 U.S.C. 118(b),

designate a 90-day period for consideration. The Librarian shall cause

notice of the consideration period to be published in the Federal

period.

Sec. 251.64 Disposition of petition: Initiation of arbitration

proceeding.

At the end of the 90-day period, and after the Librarian has

resolved all motions filed during that period under Sec. 251.45(b), the

Librarian shall determine the sufficiency of the petition including,

where appropriate, whether one or more of the petitioners' interests

are ``significant.'' If the Librarian determines that a petition is

sufficient, he/she shall cause to be published in the Federal Register

a declaration of a controversy accompanied by a notice of initiation of

an arbitration proceeding. The same declaration and notice of

initiation shall be made for noncommercial educational broadcasting in

accordance with 17 U.S.C. 118 (b) and (c). Such notice shall, to the

extent feasible, describe the nature, general structure, and schedule

of the proceeding.

Sec. 251.65 Deduction of costs of rate adjustment proceedings.

In accordance with 17 U.S.C. 802(h)(1), the Librarian of Congress

and the Register of Copyrights may assess the reasonable costs incurred

by the Library of Congress and the Copyright Office as a result of the

rate adjustment proceedings directly to the parties participating in

the proceedings.

Subpart G--Royalty Fee Distribution Proceedings

Sec. 251.70 Scope.

This subpart governs only those proceedings dealing with

distribution of royalty payments deposited with the Register of

Copyrights for cable television (17 U.S.C. 111), satellite carrier (17

U.S.C. 119), and digital audio recording devices and media (17 U.S.C.

chapter 10). Those provisions of subpart E generally regulating the

conduct of proceedings shall apply to royalty fee distribution

proceedings, unless they are inconsistent with the specific provisions

of this subpart.

Sec. 251.71 Commencement of proceedings.

(a) Cable television. In the case of royalty fees collected under

the cable compulsory license (17 U.S.C. 111), any person claiming to be

entitled to such fees must file a claim with the Copyright Office

during the month of July each year in accordance with the requirements

of this subchapter.

(b) Satellite carriers. In the case of royalty fees collected under

the satellite carrier compulsory license (17 U.S.C. 119), any person

claiming to be entitled to such fees must file a claim with the

the requirements of this subchapter.

royalty payments for the importation and distribution in the United

States, or the manufacture and distribution in the United States, of

any digital recording device or medium, any person claiming to be

entitled to such payments must file a claim with the Copyright Office

during the month of January or February each year in accordance with

the requirements of this subchapter.

Sec. 251.72 Determination of controversy.

(a) Cable television. After the first day of August each year, the

Librarian of Congress shall determine whether a controversy exists

among the claimants of cable television compulsory license royalty

fees. In order to determine whether a controversy exists, and to

facilitate agreement among the claimants as to the proper distribution,

the Librarian may request public comment or conduct public hearings,

whichever he or she deems necessary. All requests for information and

notices of public hearings shall be published in the Federal Register,

along with a description of the general structure and schedule of the

proceeding.

(b) Satellite carriers. After the first day of August of each year,

the Librarian shall determine whether a controversy exists among the

claimants of the satellite carrier compulsory license royalty fees. In

order to determine whether a controversy exists, and to facilitate

agreement among the claimants as to the proper distribution, the

Librarian may request public comment or conduct public hearings,

whichever he or she deems necessary. All requests for information and

notices of public hearings shall be published in the Federal Register,

along with a description of the general structure and schedule of the

proceeding.

the last day of February each year, the Librarian of Congress shall

determine whether a controversy exists among the claimants of digital

audio recording devices and media royalty payments as to any Subfund of

the Sound Recording Fund or the Musical Works Fund as set forth in 17

U.S.C. 1006(b) (1) and (2). In order to determine whether a controversy

exists, and to facilitate agreement among the claimants as to the

proper distribution, the Librarian may request public comment or

conduct public hearings, whichever he or she deems necessary. All

requests for information and notices of public hearings shall be

published in the Federal Register, along with a description of the

general structure and schedule of the proceeding.

Sec. 251.73 Declaration of controversy: Initiation of arbitration

proceeding.

If the Librarian determines that a controversy exists among the

claimants to either cable television, satellite carrier, or digital

audio recording devices and media royalties, the Librarian shall

publish in the Federal Register a declaration of controversy along with

a notice of initiation of an arbitration proceeding. Such notice shall,

to the extent feasible, describe the nature, general structure and

schedule of the proceeding.

Sec. 251.74 Deduction of costs of distribution proceedings.

Pursuant to 17 U.S.C. 802(h)(1), the Librarian of Congress and the

television royalty fees are made, deduct the reasonable costs incurred

by the Library of Congress and the Copyright Office as a result of the

distribution proceedings.

3. Part 302 of chapter III is removed.

3a. A new part 252 is added to subchapter B of chapter II to read

as follows:

PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES

Sec.

252.1 Scope.

252.2 Time of filing.

252.3 Content of claims.

252.4 Compliance with statutory dates.

252.5 Proof of fixation of works.

Authority: 17 U.S.C. 111(d)(4), 801, 803.

Sec. 252.1 Scope.

This part prescribes procedures under 17 U.S.C. 111(d)(4)(A),

whereby parties claiming to be entitled to cable compulsory license

royalty fees shall file claims with the Copyright Office.

Sec. 252.2 Time of filing.

During the month of July each year, any party claiming to be

entitled to cable compulsory license royalty fees for secondary

transmissions of one or more of its works during the preceding calendar

year shall file a claim to such fees with the Copyright Office. No

royalty fees shall be distributed to a party for secondary

transmissions during the specified period unless such party has timely

filed a claim to such fees. Claimants may file claims jointly or as a

single claim.

Sec. 252.3 Content of claims.

(a) Claims filed by parties claiming to be entitled to cable

compulsory license royalty fees shall include the following

information:

(1) The full legal name of the person or entity claiming royalty

fees.

(2) The telephone number, facsimile number, if any, and full

address, including a specific number and street name or rural route, of

the place of business of the person or entity.

(3) If the claim is a joint claim, a concise statement of the

authorization for the filing of the joint claim. For this purpose a

performing rights society shall not be required to obtain from its

members or affiliates separate authorizations, apart from their

standard agreements.

(4) A general statement of the nature of the claimant's copyrighted

works and identification of at least one secondary transmission by a

cable system establishing a basis for the claim.

(b) Claims shall bear the original signature of the claimant or of

a duly authorized representative of the claimant.

changes after the filing of the claim, the claimant shall notify the

claim may be subject to dismissal.

(d) In the event that, after filing an individual claim, a claimant

chooses to negotiate a joint claim, either the particular joint

claimant or the individual claimant shall notify the Copyright Office

of such change within 14 days from the making of the agreement.

(e) All claimants filing a joint claim shall make available to the

Arbitration Royalty Panel, a list of all individual claimants covered

by the joint claim.

Sec. 252.4 Compliance with statutory dates.

Claims filed with the Copyright Office shall be considered timely

filed only if:

(a) They are received in the offices of the Copyright Office during

normal business hours during the month of July, or

(b) They are properly addressed to the Copyright Office, see

Sec. 251.1, and they are deposited with sufficient postage with the

United States Postal Service and bear a July U.S. postmark. Claims

dated only with a business meter that are received after July 31 will

not be accepted as having been filed during the month of July. No claim

may be filed by facsimile transmission.

Sec. 252.5 Proof of fixation of works.

In any proceeding for the distribution of cable television royalty

fees, the Copyright Office shall not require the filing by claimants of

tangible fixations of works in whole or in part. In the event of a

controversy concerning the actual fixation of a work in a tangible

medium of expression as required by the Copyright Code, the Copyright

Arbitration Royalty Panel conducting the distribution proceeding shall

resolve such controversy on the basis of affidavits by appropriate

operational personnel and other appropriate documentary evidence, and

such oral testimony as the Panel may deem necessary. Affidavits

submitted by claimants should establish that the work for which the

claim is submitted was fixed in its entirety, and should state the

nature of the work, the title of the program, the duration of the

program, and the date of fixation. No such affidavits need be filed

with a Copyright Arbitration Royalty Panel unless requested by that

Panel.

4. Part 303--ACCESS TO PHONORECORD PLAYERS (JUKEBOXES) of chapter

III is removed.

5. Part 304 of chapter III is transferred to subchapter B of

chapter II and is redesignated as part 253.

6. The heading for part 253 is revised to read as follows:

PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH

NONCOMMERCIAL EDUCATIONAL BROADCASTING

7. The authority citation to part 253 is revised to read as

follows:

Authority: 17 U.S.C. 118, 801(b)(1) and 803.

Sec. 253.4 [Amended]

8. Section 253.4 is amended in the introductory text of the section

by removing ``Secs. 304.5 and 304.6'' and adding ``Secs. 253.5 and

253.6''.

Sec. 253.8 [Amended]

9. Section 253.8(e) is amended by removing ``CRT'' each place it

appears and adding ``Copyright Office''.

Sec. 253.9 [Amended]

10. Section 253.9 is amended by removing ``CRT'' and adding

``Copyright Office''.

Sec. 253.10 [Amended]

11. Section 253.10 is amended by removing ``CRT'' each place it

appears and adding ``Copyright Office''.

Sec. 253.10 [Amended]

11a. Section 253.10(b) is amended by removing ``Sec. 304.5'' and

adding ``Sec. 253.5''.

Sec. 253.10 [Amended]

11b. Section 253.10(c) is amended by removing ``Sec. 304.5'' and

adding ``Sec. 253.5''.

Sec. 253.12 [Amended]

12. Section 253.12, ``Amendment of certain regulations'' and

253.13, ``Issuance of interpretative regulations'' are removed.

PART 305-- [REMOVED]

13. Part 305--CLAIMS TO PHONORECORD PLAYER (JUKEBOX) ROYALTY FEES

of chapter III is removed.

14. Part 306 is transferred to chapter II, subchapter B and is

redesignated as part 254.

15. The heading for part 254 is revised to read as follows:

PART 254--ADJUSTMENT OF ROYALTY RATE FOR COIN OPERATED PHONORECORD

PLAYERS

16. The authority citation for part 254 is revised to read as

follows:

Authority: 17 U.S.C. 116. 801(b)(1).

Sec. 254.1 [Amended]

17. Section 254.1 is amended by removing ``306'' and adding ``254''

and by removing ``and 804(a)''.

18. Part 307 of chapter III is transferred to subchapter B of

chapter II and is redesignated as part 255.

19. The heading for part 255 is revised to read as follows:

PART 255--ADJUSTMENT OF ROYALTY PAYABLE UNDER COMPULSORY LICENSE

FOR MAKING AND DISTRIBUTING PHONORECORDS

20. The authority citation for part 255 is revised to read as

follows:

Authority: 17 U.S.C. 801(b)(1) and 803.

Sec. 255.1 [Amended]

21. Section 255.1 is amended by removing ``307'' and adding

``255''.

Sec. 255.2 [Amended]

22. Section 255.2 is amended by removing ``Sec. 307.3'' and adding

``Sec. 255.3''.

Sec. 255.3 [Amended]

23. Section 255.3 is amended in paragraph (g)(1) by removing

``Copyright Royalty Tribunal'' and in paragraphs (g)(1) and (g)(2) by

removing ``CRT'' each place it appears and adding ``Librarian of

Congress'' in each place respectively.

24. Part 308 of chapter III is transferred to subchapter B of

chapter II and is redesignated as part 256.

25. The heading for part 256 is revised to read as follows:

PART 256--ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE

26. Part 309 of chapter III is transferred to subchapter B of

chapter II and is redesignated as part 257.

27. Part 257 is revised to read as follows:

PART 257--FILING OF CLAIMS TO SATELLITE CARRIER ROYALTY FEES

Sec.

257.1 General.

257.2 Time of filing.

257.3 Content of claims.

257.4 Compliance with statutory dates.

257.5 Proof of fixation of works.

257.6 Separate claims required.

Authority: 17 U.S.C. 119.

Sec. 257.1 General.

This part prescribes the procedures under 17 U.S.C. 119(b)(4)

whereby parties claiming to be entitled to compulsory license royalty

fees for secondary transmissions by satellite carriers of television

broadcast signals to the public for private home viewing shall file

claims with the Copyright Office.

Sec. 257.2 Time of filing.

During the month of July each year, any party claiming to be

entitled to compulsory license royalty fees for secondary transmissions

by satellite carriers during the previous calendar year of television

broadcast signals to the public for private home viewing shall file a

claim with the Copyright Office. No royalty fees shall be distributed

to any party during the specified period unless such party has timely

filed a claim to such fees. Claimants may file jointly or as a single

claim.

Sec. 257.3 Content of claims.

(a) Claims filed for satellite carrier compulsory license royalty

fees shall include the following information:

(1) The full legal name of the person or entity claiming compulsory

license royalty fees.

(2) The telephone number. facsimile number, if any, and full

address, including a specific number and street name or rural route, of

the place of business of the person or entity.

(3) If the claim is a joint claim, a concise statement of the

authorization for the filing of the joint claim. For this purpose, a

performing rights society shall not be required to obtain from its

members or affiliates separate authorizations, apart from their

standard membership or affiliate agreements.

(4) A general statement of the nature of the claimant's copyrighted

works and identification of a least one secondary transmission by a

satellite carrier establishing a basis for the claim.

(b) Claims shall bear the original signature of the claimant or of

a duly authorized representative of the claimant.

claimant changes after the filing of the claim, the claimant shall

notify the Copyright Office of such change within 30 days of the

change, or the claim may be subject to dismissal.

(d) In the event that, after filing an individual claim, an

interested copyright party chooses to negotiate a joint claim, either

the particular joint claimants or individual claimant shall notify the

agreement.

(e) All claimants filing a joint claim shall make available to the

Arbitration Royalty Panel, a list of all individual claimants covered

by the joint claim.

Sec. 257.4 Compliance with statutory dates.

Claims filed with the Copyright Office shall be considered timely

filed only if:

(a) They are received in the offices of the Copyright Office during

normal business hours during the month of July, or

(b) They are properly addressed to the Copyright Office, see

Sec. 251.1, and they are deposited with sufficient postage with the

United States Postal Service and bear a July U.S. postmark. Claims

dated only with a business meter that are received after July 31 will

not be accepted as having been filed during the month of July. No claim

may be filed by facsimile transmission.

Sec. 257.5 Proof of fixation of works.

In any proceeding for the distribution of satellite carrier royalty

fees, the Copyright Office shall not require the filing by claimants of

tangible fixations of works in whole or in part. In the event that a

controversy concerning the actual fixation of a work in a tangible

medium of expression as required by the Copyright Code, the Copyright

Arbitration Royalty Panel conducting the distribution proceeding shall

resolve such controversy on the basis of affidavits by appropriate

operational personnel and other appropriate documentary evidence, and

by such oral testimony as the Panel may deem necessary. Affidavits

submitted by claimants should establish that the work for which the

claim was submitted was fixed in its entirety, and should state the

nature of the work, the title of the program, the duration of the

program, and the date of fixation. No such affidavits need be filed

with a CARP unless requested by that Panel.

Sec. 257.6 Separate claims required.

If a party intends to file claims for both cable compulsory license

and satellite carrier compulsory license royalty fees during the same

month of July, that party must file separate claims with the Copyright

Office. Any single claim which purports to file for both cable and

satellite carrier royalty fees will be dismissed.

28. Part 310 of chapter III is transferred to subchapter B of

chapter II and is redesignated as part 258.

29. The heading for part 258 is revised to read as follows:

PART 258--ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY

SATELLITE CARRIERS

29a. The authority citation for part 258 continues to read as

follows:

Authority: 17 U.S.C. 119(c)(3)(F).

Sec. 258.1 [Amended]

30. Section 258.1 is amended by removing ``310'' and adding

``258''.

Sec. 258.2 [Amended]

31. Section 258.2 is amended by removing ``Sec. 310(3)(b)'' and

adding ``Sec. 258(3)(b)''.

32. Part 311 of chapter III is transferred to subchapter B of

chapter II and is redesignated as Part 259.

33. The heading for part 259 is revised to read as follows:

PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND

MEDIA ROYALTY PAYMENTS

33a. The authority citation for part 259 is revised to read as

follows:

Authority: 17 U.S.C. 1007(a)(1).

Sec. 259.1 [Amended]

34. Section 259.1 is amended by removing ``Copyright Royalty

Tribunal'' and adding ``Copyright Office''.

Sec. 259.2 [Amended]

35. Section 259.2 is amended by removing ``Copyright Royalty

Tribunal'' each place it appears and adding ``Copyright Office''.

Sec. 259.3 [Amended]

36. Section 259.3 is amended by removing ``Copyright Royalty

Tribunal'' each place it appears and adding ``Copyright Office''.

Sec. 259.4 [Amended]

37. Section 259.4 is amended by removing ``Copyright Royalty

Tribunal'' each place it appears and adding ``Copyright Office''.

Sec. 259.5 [Amended]

38. Section 259.5 is amended by removing ``Copyright Royalty

Tribunal'' each place it appears and adding ``Copyright Office''.

Sec. 259.5b [Amended]

39. Section 259.5(b) is amended by removing ``1825 Connecticut

Avenue, NW., suite 918, Washington, DC 20009'' and adding ``Copyright

Office, see Sec. 251.1.''.

Sec. 259.6 [Removed]

40. Section 259.6 is removed.

Dated: January 11, 1994.

Barbara A. Ringer,

Acting Register of Copyrights.

James H. Billington,

The Librarian of Congress.

[FR Doc. 94-1199 Filed 1-14-94; 8:45 am]

BILLING CODE 1410-09-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.