[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: 37CFR259.2]

[Page 598]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND MEDIA 
ROYALTY PAYMENTS--Table of Contents
 
Sec. 259.2  Time of filing.

    (a) General. During January and February of each succeeding year, 
every interested copyright party claiming to be entitled to digital 
audio recording devices and media royalty payments made for quarterly 
periods ending during the previous calendar year shall file a claim with 
the Copyright Office. Claimants may file claims jointly or as a single 
claim.
    (b) Consequences of an untimely filing. No royalty payments for the 
previous calendar year shall be distributed to any interested copyright 
party who has not filed a claim to such royalty payments during January 
or February of the following calendar year.
    (c) Authorization. Any organization or association, acting as a 
common agent, shall be required to obtain from its members or affiliates 
separate, specific, and written authorization, signed by members, 
affiliates, or their representatives, to file claims to the Musical 
Works Fund or the Sound Recordings Fund, apart from their standard 
agreements, for purposes of royalties filing and fee distribution. Such 
written authorization, however, will not be required for claimants to 
the Musical Works Fund where either:
    (1) The agreement between the organization or association and its 
members or affiliates specifically authorizes such entity to represent 
its members or affiliates before the Copyright Office and/or the 
Copyright Arbitration Royalty Panels in royalty filing and fee 
distribution proceedings; or
    (2) The agreement between the organization or association and its 
members or affiliates, as specified in a court order issued by a court 
with authority to interpret the terms of the contract, authorizes such 
entity to represent its members or affiliates before the Copyright 
Office and/or Copyright Arbitration Royalty Panels in royalty filing and 
fee distribution proceedings.

[60 FR 61660, Dec. 1, 1995, as amended at 61 FR 63718, Dec. 2, 1996]