[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: 37CFR259.5]

[Page 599-600]
 
              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. 259.5  Compliance with statutory dates.

    (a) Claims filed with the Copyright Office shall be considered 
timely filed only if:
    (1) They are hand delivered, either by the claimant, the claimant's 
agent, or a private delivery carrier, to: Office of the Register of 
Copyrights, Room 403, James Madison Memorial Building, 101 Independence 
Avenue SE, Washington, DC 20540, during normal business hours during the 
month of January or February; or
    (2) They are addressed to: Copyright Arbitration Royalty Panel, P.O. 
Box 70977, Southwest Station, Washington, DC 20024, and are deposited 
with sufficient postage with the United States Postal Service and bear a 
January or February U.S. postmark.

[[Page 600]]

    (b) Notwithstanding subsection (a), in any year in which the last 
day of February falls on Saturday, Sunday, a holiday, or other 
nonbusiness day within the District of Columbia or the Federal 
Government, claims received by the Copyright Office by the first 
business day in March, or properly addressed and deposited with 
sufficient postage with the United States Postal Service and postmarked 
by the first business day in March, shall be considered timely filed.
    (c) Claims dated only with a business meter that are received after 
the last day of February, will not be accepted as having been timely 
filed.
    (d) No claim may be filed by facsimile transmission.
    (e) In the event that a properly addressed and mailed claim is not 
timely received by the Copyright Office, a claimant may nonetheless 
prove that the claim was properly filed if it was sent by certified mail 
return receipt requested, and the claimant can provide a receipt bearing 
a January or February date stamp of the U.S. Postal Service, except 
where paragraph (b) of this section applies. No affidavit of an officer 
or employee of the claimant, or of a U.S. postal worker will be accepted 
in lieu of the receipt.

[59 FR 23995, May 9, 1994, as amended at 59 FR 63043, Dec. 7, 1994; 61 
FR 63718, Dec. 2, 1996; 63 FR 30636, June 5, 1998; 65 FR 39820, June 28, 
2000]