[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: 37CFR251.54]

[Page 578-579]
 
              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. 251.54  Assessment of costs of arbitration panels.

    (a) The ordinary and necessary costs of an arbitrator shall be 
assessed, in accordance with Sec. 251.38, as follows:
    (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 distribution proceeding, the parties to the 
proceeding shall bear the total cost of the proceeding in direct 
proportion to their share of the distribution. These costs shall be 
considered reasonable costs incurred by the Librarian of Congress and 
the Copyright Office. Such costs shall be deducted from the royalty fees 
which have been deposited and collected under title 17 of the United 
States Code and which are the subject of the distribution proceeding.
    (b) Each arbitrator shall itemize his or her expenses on the 
statement of cost in a format approved by the General Counsel and shall 
specify the name and address to whom payment should be made. In the case 
of a rate adjustment proceeding, each statement of cost shall specify 
each party's share of the total cost and the amount owed by that party 
to each arbitrator, or alternatively, reflect the method of payment 
agreed upon by the parties and the arbitrators.
    (c) The statements of cost shall be sent to the Library of Congress 
no more frequently than once a month.
    (1) In the case of a distribution proceeding, the statements of cost 
shall be sent to the Accounting Operations Section, Financial Services 
Directorate, Library of Congress, 101 Independence

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Avenue, SE, Washington, DC 20540-9112, and a copy of the statements of 
cost shall be submitted to the Copyright Office as directed in paragraph 
(c)(2) of this section.
    (2) In the case of a rate adjustment proceeding, the statements of 
cost shall be sent to the CARP Specialist, P.O. Box 70977, Southwest 
Station, Washington, DC 20024, or hand delivered to the Office of the 
Copyright General Counsel, Room 403, James Madison Building, 101 
Independence Avenue, SE, Washington, DC 20540.
    (d) In the case of a rate adjustment proceeding, all parties to the 
proceeding shall have 30 days from receipt of a proper statement of cost 
in which to tender payment to the arbitrators, unless otherwise directed 
by the panel. Payment should be in the form of a money order, check, 
bank draft, or electronic fund transfer.
    (e) In the case of a distribution proceeding, the Library of 
Congress shall reimburse the arbitrators from the royalty fees collected 
under title 17 of the United States Code which are the subject of the 
CARP proceeding. Payment of approved costs shall be made within 30 days 
of the receipt of a proper statement of cost in the form of an 
electronic fund transfer in accordance with the regulations of the 
Library of Congress.

[64 FR 25201, May 11, 1999, as amended at 64 FR 36575, July 7, 1999]