[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: 37CFR351.4]

[Page 702-703]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 351_PROCEEDINGS--Table of Contents
 
Sec. 351.4  Written direct statements.

    (a) Required filing; deadline. All parties who have filed a petition 
to participate in the hearing must file a written direct statement. The 
deadline for the filing of the written direct statement will be 
specified by the Copyright Royalty Judges, not earlier than 4 months, 
nor later than 5 months, after the end of the voluntary negotiation 
period set forth in Sec. 351.2.
    (b) Required content--(1) Testimony. The written direct statement 
shall include all testimony, including each witness's background and 
qualifications, along with all the exhibits.
    (2) Designated past records and testimony. Each participating party 
may designate a portion of past records, including records of the 
Copyright Royalty Tribunal or Copyright Arbitration Royalty Panels, that 
it wants included in its direct statement. If a party intends to rely on 
any part of the testimony of a witness in a prior proceeding, the 
complete testimony of that witness (i.e., direct, cross and redirect 
examination) must be designated. The party submitting such past records 
and/or testimony shall include a copy with the written direct statement.
    (3) Claim. In the case of a royalty distribution proceeding, each 
party must state in the written direct statement its percentage or 
dollar claim to the fund. In the case of a rate (or rates) proceeding, 
each party must state its requested rate. No party will be precluded 
from revising its claim or its requested rate at any time during the 
proceeding up to, and including, the filing of the proposed findings of 
fact and conclusions of law.
    (c) Amended written direct statements. A participant in a proceeding 
may amend a written direct statement based on new information received 
during the discovery process, within 15

[[Page 703]]

days after the end of the discovery period. An amended written direct 
statement must explain how it differs from the written direct statement 
it will amend and must demonstrate that the amendment is based on new 
information received during the discovery process. The participant 
amending its written direct statement may file either the amended 
portions of the written direct statement or submit complete new copies 
at its option.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53328, Sept. 11, 2006; 
71 FR 59010, Oct. 6, 2006]