[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: 37CFR351.5]

[Page 703]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 351_PROCEEDINGS--Table of Contents
 
Sec. 351.5  Discovery in royalty rate proceedings.

    (a) Schedule. Following the submission to the Copyright Royalty 
Judges of written direct and rebuttal statements by the participants in 
a royalty rate proceeding, and after conferring with the participants, 
the Copyright Royalty Judges will issue a discovery schedule.
    (b) Document production, depositions and interrogatories-- (1) 
Document production. A participant in a royalty rate proceeding may 
request of an opposing participant nonprivileged documents that are 
directly related to the written direct statement or written rebuttal 
statement of that participant. Broad, nonspecific discovery requests are 
not acceptable. All documents offered in response to a discovery request 
must be furnished in as organized and useable form as possible. Any 
objection to a request for production shall be resolved by a motion or 
request to compel production. The motion must include a statement that 
the parties had conferred and were unable to resolve the matter.
    (2) Depositions and interrogatories. In a proceeding to determine 
royalty rates, the participants entitled to receive royalties shall 
collectively be permitted to take no more than 10 depositions and secure 
responses to no more than 25 interrogatories. Similarly, the 
participants obligated to pay royalties shall collectively be permitted 
to take no more than 10 depositions and secure responses to no more than 
25 interrogatories. Parties may obtain such discovery regarding any 
matter, not privileged, that is relevant to the claim or defense of any 
party. Relevant information need not be admissible at hearing if the 
discovery by means of depositions and interrogatories appears reasonably 
calculated to lead to the discovery of admissible evidence.
    (c) Motions to request other relevant information and materials. (1) 
In any royalty rate proceeding scheduled to commence prior to January 1, 
2011, a participant may, by means of written or oral motion on the 
record, request of an opposing participant or witness other relevant 
information and materials. The Copyright Royalty Judges will allow such 
request only if they determine that, absent the discovery sought, their 
ability to achieve a just resolution of the proceeding would be 
substantially impaired.
    (2) In determining whether such discovery motions will be granted, 
the Copyright Royalty Judges may consider--
    (i) Whether the burden or expense of producing the requested 
information or materials outweighs the likely benefit, taking into 
account the needs and resources of the participants, the importance of 
the issues at stake, and the probative value of the requested 
information or materials in resolving such issues;
    (ii) Whether the requested information or materials would be 
unreasonably cumulative or duplicative, or are obtainable from another 
source that is more convenient, less burdensome, or less expensive; and
    (iii) Whether the participant seeking the discovery had an ample 
opportunity by discovery in the proceeding or by other means to obtain 
the information sought.

[71 FR 53328, Sept. 11, 2006]