[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: 37CFR360.22]

[Page 715-716]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 360_FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE--Table of Contents
 
   Subpart C_Digital Audio Recording Devices and Media Royalty Claims
 
Sec. 360.22  Form and content of claims.

    (a) Forms. (1) Each claim to digital audio recording devices and 
media royalty payments (DART) shall be furnished on a form prescribed by 
the Copyright Royalty Board and shall contain the information required 
by that form and its accompanying instructions.
    (2) Copies of DART claim forms are available:
    (i) On the Board's Web site at http://www.loc.gov/crb/claims for 
claims filed with the Copyright Royalty Board by mail or by hand 
delivery in accordance with Sec. 360.24(a)(2)-(4);
    (ii) On the Board's Web site at http://www.loc.gov/crb/dart/ during 
the months of January and February for claims filed online in accordance 
with Sec. 360.24(a)(1); and
    (iii) Upon request to the Copyright Royalty Board, Library of 
Congress, P.O. Box 70977, Southwest Station, Washington, DC 20024-0977.
    (b) Content. Claims filed by interested copyright parties for 
digital audio recording devices and media royalty payments shall include 
the following information:
    (1) The full legal name and address of the person or entity claiming 
royalty payments.
    (2) The name, telephone number, facsimile number, if any, full 
address, including a specific number and street name or rural route, and 
e-mail address, if any, of the person or entity filing the claim. An e-
mail address must be provided on claims submitted online through the 
Copyright Royalty Board Web site.
    (3) The name, telephone number, facsimile number, if any, and e-mail 
address, if any, of a person whom the Copyright Royalty Board can 
contact regarding the claim.
    (4) A statement as to how the claimant fits within the definition of 
interested copyright party specified in 17 U.S.C. 1001(7).
    (5) A statement as to whether the claim is being made against the 
Sound Recordings Fund or the Musical Works Fund, as set forth in 17 
U.S.C. 1006(b), and as to which Subfund of the Sound Recordings Fund 
(i.e., the copyright owners or featured recording artists Subfund) or 
the Musical Works Fund

[[Page 716]]

(i.e., the music publishers or writers Subfund) the claim is being made 
against as set forth in 17 U.S.C. 1006(b)(1) through (2).
    (6) Identification, establishing a basis for the claim, of at least 
one musical work or sound recording embodied in a digital musical 
recording or an analog musical recording lawfully made under title 17 of 
the United States Code that has been distributed (as that term is 
defined in 17 U.S.C. 1001(6)), and that, during the period to which the 
royalty payments claimed pertain, has been (i) Distributed (as that term 
is defined in 17 U.S.C. 1001(6)) in the form of digital musical 
recordings or analog musical recordings, or (ii) Disseminated to the 
public in transmissions.
    (7) A declaration of the authority to file the claim and of the 
veracity of the information contained in the claim and the good faith of 
the person signing in providing such information. Penalties for fraud 
and false statements are provided under 18 U.S.C. 1001 et seq.
    (c) Claims shall bear the original signature of the claimant or of a 
duly authorized representative of the claimant, except for claims filed 
online through the Copyright Royalty Board Web site. See 37 CFR 
360.22(b)(7).
    (d) In the event that the legal name and/or address of the claimant 
changes after the filing of the claim, the claimant shall notify the 
Copyright Royalty Board of such change. If the good faith efforts of the 
Copyright Royalty Board to contact the claimant are frustrated because 
of failure to notify the Copyright Royalty Board of a name and/or 
address change, the claim may be subject to dismissal.
    (e) If the claim is a joint claim, it shall include a concise 
statement of the authorization for the filing of the joint claim in 
addition to the declaration required under paragraph (b)(7) of this 
section and the name of each claimant to the joint claim.
    (f) If an interested copyright party intends to file claims against 
more than one Subfund, each such claim must be filed separately with the 
Copyright Royalty Board. Any claim that purports to file against more 
than one Subfund will be rejected.