[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: 37CFR251.6]

[Page 614-615]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 251_COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE--Table of Contents
 
                         Subpart A_Organization
 
Sec. 251.6  Composition and selection of Copyright Arbitration Royalty Panels.

    (a) Within ten days after publication of a notice in the Federal 
Register initiating arbitration proceedings under this subchapter, the 
Librarian of Congress will, upon recommendation of the Register of 
Copyrights, select two arbitrators from the arbitrator list for that 
calendar year.
    (b) The two arbitrators so selected shall, within ten days of their 
selection, choose a third arbitrator from the same arbitrator list. The 
third arbitrator shall serve as the chairperson of the panel during the 
course of the proceedings.
    (c) If the two arbitrators fail to agree upon the selection of the 
third, the Librarian will promptly select the third arbitrator from the 
same arbitrator list.
    (d) The third arbitrator so chosen shall serve as the chairperson of 
the panel during the course of the proceeding. In all matters, 
procedural or substantive, the chairperson shall act according to the 
majority wishes of the panel.
    (e) Two arbitrators shall constitute a quorum necessary to the 
determination of any proceeding.
    (f) If, before the commencement of hearings in a proceeding, one or 
more of the arbitrators is unable to continue service on the CARP, the 
Librarian will suspend the proceeding as provided by Sec. 251.8, and 
will inaugurate a procedure to bring the CARP up to the full complement 
of three arbitrators. Where one or two vacancies exist, and

[[Page 615]]

either or both of the vacant seats were previously occupied by 
arbitrators selected by the Librarian, the Librarian will select the 
necessary replacements from the current arbitrator list. If there is one 
vacancy, and it was previously occupied by the chairperson, the two 
remaining arbitrators shall select the replacement from the arbitrator 
list, and the person chosen shall serve as chairperson. If there are two 
vacant seats, and one of them was previously occupied by the 
chairperson, the Librarian will select one replacement from the 
arbitrator list, and that person shall join with the remaining 
arbitrator to choose the replacement, who shall serve as chairperson.
    (g) After hearings have commenced, the Librarian will not suspend 
the proceedings or inaugurate a replacement procedure unless it is 
necessary in order for the CARP to have a quorum. If the hearing is 
underway and two arbitrators are unable to continue service, or if the 
hearing had been proceeding with two arbitrators and one of them is no 
longer able to serve, the Librarian will suspend the proceedings under 
Sec. 251.8 and seek the unanimous written agreement of the parties to 
the proceeding for the Librarian to select a replacement. In the absence 
of such an agreement, the Librarian will terminate the proceeding. If 
such agreement is obtained, the Librarian will select one arbitrator 
from the arbitrator list.
    (h) If, after hearings have commenced, the chairperson of the CARP 
is no longer able to serve, the Librarian will ask the two remaining 
arbitrators, or the one remaining arbitrator and the newly-selected 
arbitrator, to agree between themselves which of them will serve as 
chairperson. In the absence of such an agreement, the Librarian will 
terminate the proceeding.

[59 FR 23981, May 9, 1994, as amended at 63 FR 30635, June 5, 1998]