[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: 37CFR360.3]

[Page 710-711]
 
              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 A_Cable Claims
 
Sec. 360.3  Form and content of claims.

    (a) Forms. (1) Each claim to cable compulsory license royalty fees 
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 cable claim forms are available:
    (i) On the Copyright Royalty Board 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. 360.4(a)(2)-(4);
    (ii) On the Copyright Royalty Board Web site at http://www.loc.gov/
crb/cable/ during the month of July for claims filed online in 
accordance with Sec. 360.4(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--(1) Single claim. A claim filed on behalf of a single 
copyright owner of a work or works secondarily transmitted by a cable 
system shall include the following information:
    (i) The full legal name and address of the copyright owner entitled 
to claim the royalty fees.
    (ii) A general statement of the nature of the copyright owner's work 
or works, and identification of at least one secondary transmission by a 
cable system of such work or works establishing a basis for the claim.
    (iii) 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 single claim. 
An e-mail address must be provided on claims submitted online through 
the Copyright Royalty Board Web site.
    (iv) The name, telephone number, facsimile number, if any, and e-
mail address, if any, of the person whom the Copyright Royalty Board can 
contact regarding the claim.
    (v) An original signature of the copyright owner or of a duly 
authorized representative of the copyright owner, except for claims 
filed online through the Copyright Royalty Board Web site. See 37 CFR 
360.3(b)(1)(vi).
    (vi) 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.
    (2) Joint claim. A claim filed on behalf of more than one copyright 
owner whose works have been secondarily transmitted by a cable system 
shall include the following information:
    (i) A list including the full legal name and address of each 
copyright owner to the joint claim entitled to claim royalty fees.
    (ii) A concise statement of the authorization for the person or 
entity filing the joint claim. For this purpose, a performing rights 
society shall not be required to obtain from its members or affiliates 
separate authorizations, apart from their standard membership affiliate 
agreements, or to list the name of each of its members or affiliates in 
the joint claim as required by paragraph (b)(2)(i) of this section.
    (iii) A general statement of the nature of the copyright owners' 
works and identification of at least one secondary transmission of one 
of the copyright owners' works by a cable system establishing a basis 
for the joint claim and the identification of the copyright owner of 
each work so identified.
    (iv) 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 joint claim. 
An e-mail address must be provided on claims submitted online through 
the Copyright Royalty Board Web site.

[[Page 711]]

    (v) The name, telephone number, facsimile number, if any, and e-mail 
address, if any, of the person whom the Copyright Royalty Board can 
contact regarding the claim.
    (vi) Original signatures of the copyright owners to the joint claim 
or of a duly authorized representative or representatives of the 
copyright owners, except for claims filed online through the Copyright 
Royalty Board Web site. See 37 CFR 360.3(b)(2)(vii).
    (vii) Notwithstanding paragraph (b)(2)(ii) of this section, 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) In the event that the legal name and/or address of the copyright 
owner entitled to royalties or the person or entity filing the claim 
changes after the filing of the claim, the Copyright Royalty Board shall 
be notified of the change. If the good faith efforts of the Copyright 
Royalty Board to contact the copyright owner or person or entity filing 
the claim 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.