[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR205.23]

[Page 602]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 205_LEGAL PROCESSES--Table of Contents
 
 Subpart C_Testimony By Employees and Production of Documents in Legal 
             Proceedings in Which the Office Is Not a Party
 
Sec. 205.23  Scope of testimony.

    (a)(1) If a Copyright Office employee is authorized to give 
testimony in a legal proceeding, the testimony, if otherwise proper, 
shall be limited to facts within the personal knowledge of the Office 
employee. An Office employee is prohibited from giving expert testimony, 
or opinion, answering hypothetical or speculative questions, or giving 
testimony with respect to subject matter which is privileged. If an 
Office employee is authorized to testify in connection with his or her 
involvement or assistance in a proceeding or matter before the Office, 
that employee is further prohibited from giving testimony in response to 
an inquiry about the bases, reasons, mental processes, analyses, or 
conclusions of that employee in the performance of his or her official 
functions.
    (2) The General Counsel may authorize an employee to appear and give 
expert testimony or opinion testimony upon the showing, pursuant to 
Sec. 205.3 of this part, that exceptional circumstances warrant such 
testimony and that the anticipated testimony will not be adverse to the 
interest of the Copyright Office or the United States.
    (b) If an Office employee is authorized to testify, the employee 
will generally be prohibited from providing testimony in response to 
questions which seek, for example:
    (1) To elicit information about the employee's:
    (i) Qualifications to examine or otherwise consider a particular 
copyright application.
    (ii) Usual practice or whether the employee followed a procedure set 
out in any Office manual of practice in a particular case.
    (iii) Consultation with another Office employee.
    (iv) Familiarity with:
    (A) Preexisting works that are similar.
    (B) Registered works, works sought to be registered, a copyright 
application, registration, denial of registration, or request for 
reconsideration.
    (C) Copyright law or other law.
    (D) The actions of another Office employee.
    (v) Reliance on particular facts or arguments.
    (2) To inquire into the manner in and extent to which the employee 
considered or studied material in performing the function.
    (3) To inquire into the bases, reasons, mental processes, analyses, 
or conclusions of that Office employee in performing the function.
    (4) In exceptional circumstances, the General Counsel may waive 
these limitations pursuant to Sec. 205.3 of this part.

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