[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR251.48]

[Page 576-577]
 
              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. 251.48  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 CARP 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.
    (c) Documents filed with a Copyright Arbitration Royalty Panel or 
Copyright Office. If the matter offered in evidence is contained in 
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

[[Page 577]]

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 the 
characteristics which were measured and 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 that employ alternative 
models and variables, if requested.
    (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 themselves.

[59 FR 23981, May 9, 1994, as amended at 60 FR 8197, Feb. 13, 1995; 63 
FR 30635, June 5, 1998]