[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: 37CFR384.5]

[Page 756-757]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 384_RATES AND TERMS FOR THE MAKING OF EPHEMERAL RECORDINGS BY BUSINESS ESTABLISHMENT SERVICES--Table of Contents
 
Sec. 384.5  Confidential information.

    (a) Definition. For purposes of this part, ``Confidential 
Information'' shall include the statements of account, any

[[Page 757]]

information contained therein, including the amount of royalty payments, 
and any information pertaining to the statements of account reasonably 
designated as confidential by the Licensee submitting the statement.
    (b) Exclusion. Confidential Information shall not include documents 
or information that at the time of delivery to the Collective are public 
knowledge. The Collective shall have the burden of proving that the 
disclosed information was public knowledge.
    (c) Use of Confidential Information. In no event shall the 
Collective or any other person or entity authorized to have access to 
Confidential Information pursuant to paragraph (d) of this section use 
any Confidential Information for any purpose other than royalty 
collection and distribution and activities directly related thereto.
    (d) Disclosure of Confidential Information. Access to Confidential 
Information shall be limited to:
    (1) Those employees, agents, attorneys, consultants and independent 
contractors of the Collective, subject to an appropriate confidentiality 
agreement, who are engaged in the collection and distribution of royalty 
payments hereunder and activities related thereto, who are not also 
employees or officers of a Copyright Owner or Performer, and who, for 
the purpose of performing such duties during the ordinary course of 
their work, require access to the records;
    (2) Board members of the Collective, and members of Collective 
committees whose primary functions are directly related to royalty 
collection and distribution, subject to an appropriate confidentiality 
agreement and for the sole purpose of performing their duties as board 
or committee members of the Collective, as applicable, provided that the 
sole confidential information that may be shared pursuant to this 
paragraph (d)(2) is confidential information contained in monthly 
statements of accounts provided pursuant to Sec. 384.4(f) that 
accompany royalty payments;
    (3) An independent and Qualified Auditor, subject to an appropriate 
confidentiality agreement, who is authorized to act on behalf of the 
Collective with respect to the verification of a Licensee's royalty 
payments pursuant to Sec. 384.6 or on behalf of a Copyright Owner with 
respect to the verification of royalty distributions pursuant to Sec. 
384.7;
    (4) Copyright owners whose works have been used under the statutory 
license set forth in 17 U.S.C. 112(e) by the Licensee whose Confidential 
Information is being supplied, or agents thereof, subject to an 
appropriate confidentiality agreement, provided that the sole 
confidential information that may be shared pursuant to paragraph (d)(4) 
of this section are monthly statements of account provided pursuant to 
Sec. 384.4(f) that accompany royalty payments;
    (5) In connection with future proceedings under 17 U.S.C. 112(e) 
before the Copyright Royalty Judges, and under an appropriate protective 
order, attorneys, consultants and other authorized agents of the parties 
to the proceedings or the courts; and
    (6) In connection with bona fide royalty disputes or claims that are 
the subject of the procedures under Sec. 384.6 or Sec. 384.7, and 
under an appropriate confidentiality agreement or protective order, the 
specific parties to such disputes or claims, their attorneys, 
consultants or other authorized agents, and/or arbitration panels or the 
courts to which disputes or claims may be submitted.
    (e) Safeguarding of Confidential Information. The Collective and any 
person or entity identified in paragraph (d) of this section shall 
implement procedures to safeguard all Confidential Information using a 
reasonable standard of care, but no less than the same degree of 
security used to protect Confidential Information or similarly sensitive 
information belonging to such Collective, person, or entity.