[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: 37CFR351.10]

[Page 704-705]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 351_PROCEEDINGS--Table of Contents
 
Sec. 351.10  Evidence.

    (a) Admissibility. All evidence that is relevant and not unduly 
repetitious or privileged, shall be admissible. Hearsay may be admitted 
to the extent deemed appropriate by the Copyright Royalty Judges. 
Written testimony and exhibits must be authenticated or identified in 
order to be admissible as evidence. The requirement of authentication or 
identification as a condition precedent to admissibility is satisfied by 
evidence sufficient to support a finding that the

[[Page 705]]

matter in question is what its proponent claims. Extrinsic evidence of 
authenticity as a condition precedent to admissibility is not required 
with respect to materials that can be self-authenticated under Rule 902 
of the Federal Rules of Evidence such as certain public records. No 
evidence, including exhibits, may be submitted without a sponsoring 
witness, except for good cause shown.
    (b) Examination of witnesses. All witnesses shall be required to 
take an oath or affirmation before testifying. Parties are entitled to 
conduct direct examination (consisting of the testimony of the witness 
in the written statements and an oral summary of that testimony); cross-
examination (limited to matters raised on direct examination); and 
redirect examination (limited to matters raised on cross-examination). 
The Copyright Royalty Judges may limit the number of witnesses or limit 
questioning to avoid cumulative testimony.
    (c) Exhibits--(1) Submission. Writings, recordings and photographs 
shall be presented as exhibits and marked by the presenting party. 
``Writings'' and ``recordings'' consist of letters, words, or numbers, 
or their equivalent, set down by handwriting, typewriting, printing, 
photostating, photographing, magnetic impulse, mechanical or electronic 
recording, or other form of data compilation. ``Photographs'' include 
still photographs, video tapes, and motion pictures.
    (2) Separation of irrelevant portions. Relevant and material matter 
embraced in an exhibit containing other matter not material or relevant 
or not intended as evidence must be plainly designated as the matter 
offered in evidence, and the immaterial or irrelevant parts shall be 
marked clearly so as to show they are not intended as evidence.
    (3) Summary exhibits. The contents of voluminous writings, 
recordings, or photographs which cannot conveniently be examined in the 
hearing may be presented in the form of a chart, summary, or 
calculation. The originals, or duplicates, shall be made available for 
examination or copying, or both, by other parties at a reasonable time 
and place. The Copyright Royalty Judges may order that they be produced 
in the hearing.
    (d) Copies. Anyone presenting exhibits as evidence must present 
copies to all other participants in the proceedings, or their attorneys, 
and afford them an opportunity to examine the exhibits in their entirety 
and offer into evidence any other portion that may be considered 
material and relevant.
    (e) Introduction of studies and analyses. If studies or analyses are 
offered in evidence, they shall state clearly the study plan, the 
principles and methods underlying the study, all relevant assumptions, 
all variables considered in the analysis, the techniques of data 
collection, the techniques of estimation and testing, and the results of 
the study's actual estimates and tests presented in a format commonly 
accepted within the relevant field of expertise implicated by the study. 
The facts and judgments upon which conclusions are based shall be stated 
clearly, together with any alternative courses of action considered. 
Summarized descriptions of input data, tabulations of input data and the 
input data themselves shall be retained.
    (f) Objections. Parties are entitled to raise objections to evidence 
on any proper ground during the course of the hearing and to raise an 
objection that an opposing party has not furnished unprivileged 
underlying documents.
    (g) New exhibits for use in cross-examination. Exhibits that have 
not been identified and exchanged in advance may be shown to a witness 
on cross-examination. However, copies of such exhibits must be 
distributed to the Copyright Royalty Judges and to the other 
participants before being shown to the witness at the time of cross-
examination, unless the Copyright Royalty Judges direct otherwise. Such 
exhibits can be used solely to impeach the witness's direct testimony.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53329, Sept. 11, 2006; 
71 FR 59010, Oct. 6, 2006]