[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: 37CFR351.2]

[Page 701-702]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 351_PROCEEDINGS--Table of Contents
 
Sec. 351.2  Voluntary negotiation period; settlement.

    (a) Commencement; duration. After the date for filing petitions to 
participate in a proceeding, the Copyright Royalty Judges will announce 
the beginning of a voluntary negotiation period and will make a list of 
the participants available to the participants in the particular 
proceeding. The voluntary negotiation period shall last three months, 
after which the parties shall notify the Copyright Royalty Judges in 
writing as to whether a settlement has been reached.
    (b) Settlement--(1) Distribution proceedings. Pursuant to 17 U.S.C. 
801(b)(7)(A), to the extent that a settlement has been reached in a 
distribution proceeding, that agreement will provide the basis for the 
distribution.
    (2) Royalty rate proceedings. If, in a proceeding to determine 
statutory terms and rates, the participating parties report that a 
settlement has been reached by some or all of the parties, the Copyright 
Royalty Judges, pursuant to 17 U.S.C. 801(b)(7)(A), will publish the 
settlement in the Federal Register for notice and comment from those 
bound by the terms, rates, or other determination set by the agreement. 
If an objection to the adoption of an agreement is filed, the Copyright 
Royalty Judges may decline to adopt the agreement as a basis for 
statutory terms and rates for participants that are not parties to the 
agreement if the

[[Page 702]]

Copyright Royalty Judges conclude that the agreement does not provide a 
reasonable basis for setting statutory terms or rates.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53328, Sept. 11, 2006]