[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: 37CFR351.1]

[Page 700-701]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 351_PROCEEDINGS--Table of Contents
 
Sec. 351.1  Initiation of proceedings.

    (a) Notice of commencement; solicitation of petitions to 
participate. All proceedings before the Copyright Royalty Judges to make 
determinations and adjustments of reasonable terms and rates of royalty 
payments, and to authorize the distribution of royalty fees, shall be 
initiated by publication in the Federal Register of a notice of the 
initiation of proceedings calling for the filing of petitions to 
participate in the proceeding.
    (b) Petitions to participate--(1) Royalty rate proceedings--(i) 
Single petition. Each petition to participate filed in a royalty rate 
proceeding must include:
    (A) The petitioner's full name, address, telephone number, facsimile 
number (if any), and e-mail address (if any); and
    (B) A description of the petitioner's significant interest in the 
subject matter of the proceeding.
    (ii) Joint petition. Petitioners with similar interests may, in lieu 
of filing individual petitions, file a single petition. Each joint 
petition must include:
    (A) The full name, address, telephone number, facsimile number (if 
any), and e-mail address (if any) of the person filing the petition;
    (B) A list identifying all participants to the joint petition;
    (C) A description of the participants' significant interest in the 
subject matter of the proceeding; and
    (D) If the joint petition is filed by counsel or a representative of 
one or more of the participants that are named in the joint petition, a 
statement from such counsel or representative certifying that, as of the 
date of submission of the joint petition, such counsel or representative 
has the authority and consent of the participants to represent them in 
the royalty rate proceeding.
    (2) Distribution proceedings--(i) Single petition. Each petition to 
participate filed in a royalty distribution proceeding must include:
    (A) The petitioner's full name, address, telephone number, facsimile 
number (if any), and e-mail address (if any);
    (B) In a cable or satellite royalty distribution proceeding, 
identification of whether the petition covers a Phase I proceeding (the 
initial part of a distribution proceeding where royalties are divided 
among the categories or groups of copyright owners), a Phase II 
proceeding (where the money allotted to each category is subdivided 
among the various copyright owners within that category), or both; and
    (C) A description of the petitioner's significant interest in the 
subject matter of the proceeding.
    (ii) Joint petition. Petitioners with similar interests may, in lieu 
of filing individual petitions, file a single petition. Each joint 
petition must include:
    (A) The full name, address, telephone number, facsimile number (if 
any), and

[[Page 701]]

e-mail address (if any) of the person filing the petition;
    (B) A list identifying all participants to the joint petition;
    (C) In a cable or satellite royalty distribution proceeding, 
identification of whether the petition covers a Phase I proceeding (the 
initial part of a distribution proceeding where royalties are divided 
among the categories or groups of copyright owners), a Phase II 
proceeding (where the money allotted to each category is subdivided 
among the various copyright owners within that category), or both;
    (D) A description of the participants' significant interest in the 
subject matter of the proceeding; and
    (E) If the joint petition is filed by counsel or a representative of 
one or more of the participants that are named in the joint petition, a 
statement from such counsel or representative certifying that, as of the 
date of submission of the joint petition, such counsel or representative 
has the authority and consent of the participants to represent them in 
the royalty distribution proceeding.
    (3) Filing deadline. A petition to participate shall be filed by no 
later than 30 days after the publication of the notice of commencement 
of a proceeding, subject to the qualified exception set forth in 
paragraph (d) of this section.
    (4) Filing fee. A petition to participate must be accompanied with a 
filing fee of $150 or the petition will be rejected. Payment shall be 
made to the Copyright Royalty Board. If a check is subsequently 
dishonored, the petition will be rejected. If the petitioner believes 
that the contested amount of that petitioner's claim will be $10,000 or 
less, petitioner shall so state in the petition to participate and 
should not include payment of the $150 filing fee. If it becomes 
apparent during the course of the proceedings that the contested amount 
of the claim is more than $10,000, the Copyright Royalty Judges will 
require payment of the filing fee at such time.
    (c) Acceptance and rejection of petitions to participate. A petition 
to participate will be deemed to have been allowed by the Copyright 
Royalty Judges unless the Copyright Royalty Judges determine the 
petitioner lacks a significant interest in the proceeding or the 
petition is otherwise invalid.
    (d) Late petitions to participate. The Copyright Royalty Judges may, 
for substantial good cause shown, and if there is no prejudice to the 
participants that have already filed petitions, accept late petitions to 
participate at any time up to the date that is 90 days before the date 
on which participants in the proceeding are to file their written direct 
statements. However, petitioners whose petitions are filed more than 30 
days after publication of notice of commencement of a proceeding are not 
eligible to object to a settlement reached during the voluntary 
negotiation period.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53327, Sept. 11, 2006]