[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR251.43]

[Page 561]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE--Table of Contents
 
      Subpart E--Procedures of Copyright Arbitration Royalty Panels
 
Sec. 251.43  Written cases.

    (a) All parties who have filed a notice of intent to participate in 
the hearing shall file written direct cases with the Copyright Office, 
and with other parties in the manner in which the Librarian of Congress 
shall direct in accordance with Sec. 251.45(b).
    (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.
    (c) Each party may designate a portion of past records, including 
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 party 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 CARP 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.

[59 FR 23981, May 9, 1994, as amended at 59 FR 63041, Dec. 7, 1994; 61 
FR 63717, Dec. 2, 1996; 63 FR 30635, June 5, 1998]