INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Copyright Laws and Regulations

Regulations: Title 37, Chapters I (Subchapter C) and II, Code of Federal
Regulations

37 C.F.R. § 204.1   Purposes and scope.  

        The purposes of these regulations are:  

        (a) The establishment of procedures by which an individual can determine if the Copyright Office maintains a system of records in which there is a record pertaining to the individual; and 

        (b) The establishment of procedures by which an individual may gain access to a record or information maintained on that individual and have such record or information disclosed for the purpose of review, copying, correction, or amendment. 

[43 FR 776, Jan. 4, 1978]

37 C.F.R. § 204.2   Definitions.  

        For purposes of this part: 

        (a) The term individual means a citizen of the United States or an alien lawfully admitted for permanent residence;  

        (b) The term maintain includes maintain, collect, use, or disseminate; 

        (c) The term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history, and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;  

        (d) The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual; and 

        (e) The term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected. 

[43 FR 776, Jan. 4, 1978]

37 C.F.R. § 204.3   General policy.  

        The Copyright Office serves primarily as an office of public record. Section 705 of Title 17, United States Code, requires the Copyright Office to open for public inspection all records of copyright deposits, registrations, recordations, and other actions taken under Title 17. Therefore, a routine use of all Copyright Office systems of records created under section 705 of Title 17 is disclosure to the public.  All Copyright Office systems of records created under section 705 of Title 17 are also available for public copying as required by section 706(a), with the exception of copyright deposits, whose reproduction is governed by section 706(b) and the regulations issued under that section. In addition to the records mandated by section 705 of Title 17, the Copyright Office maintains other systems of records which are necessary for the Office effectively to carry out its mission.  These systems of records are routinely consulted and otherwise used by Copyright Office employees in the performance of their duties.  The Copyright Office will not sell, rent, or otherwise make publicly available any mailing list prepared by the Office.  

[47 FR 36821, Aug. 24, 1982]  

37 C.F.R. § 204.4   Procedure for notification of the existence of records pertaining to individuals.

        (a) The Copyright Office will publish in the Federal Register, upon the establishment or revision of the system of records, notices of all Copyright Office systems of records subject to the Privacy Act, as provided by 5 U.S.C., section 552a(e)(4).  Individuals desiring to know if a Copyright Office system of records contains a record pertaining to them should submit a written request to that effect either by mail to the Supervisory Copyright Information Specialist, Information Section, Information and Reference Division, Copyright Office, Library of Congress, Washington, DC 20559, or in person between the hours of 9 a.m. and 4 p.m. on any working day except legal holidays at Room LM-401, The James Madison Memorial Building, 1st and Independence Avenue, SE, Washington, DC. 

        (b) The written request should identify clearly the system of records which is the subject of inquiry, by reference, whenever possible, to the system number and title as given in the notices of systems of records in the Federal Register.  Both the written request and the envelope carrying it should be plainly marked “Privacy Act Request.”  Failure to so mark the request may delay the Office response.  

        (c) The Office will acknowledge all properly marked requests within ten working days of receipt and will notify the requester within 30 working days of receipt of the existence or non-existence of records pertaining to the requester.  

        (d) Since all Copyright Office Records created under section 705 of Title 17 are open to public inspection, no identity verification is necessary for individuals who wish to know whether a system of records created under section 705 pertains to them. 

[43 FR 776, Jan. 4, 1978, as amended at 47 FR 36821, Aug. 24, 1982; 50 FR 697, Aug. 14, 1985; 60 FR 34169, June 30, 1995] 

37 C.F.R. § 204.5   Procedures for requesting access to records. 

        (a) Individuals desiring to obtain access to Copyright Office information pertaining to them in a system of records other than those created under section 705 of Title 17 should make a written request, signed by themselves or their duly authorized agent, to that effect either by mail to the Supervisory Copyright Information Specialist, Information Section, Information and Reference Division, Copyright Office, Library of Congress, Washington, DC 20559, or in person between the hours of 8:30 a.m. and 5 p.m. on any working day except legal holidays at Room LM-401, The James Madison Memorial Building, 1st and Independence Avenue, S.E., Washington, DC.  

        (b) The written request should identify clearly the system of records which is the subject of inquiry, by reference, whenever possible, to the system number and title as given in the notices of systems of records in the Federal Register.  Both the written request and the envelope carrying it should be plainly marked “Privacy Act Request.”   Failure to so mark the request may delay the Office response. 

        (c) The Office will acknowledge all properly marked requests within ten working days of receipt; and will notify the requester within 30 working days of receipt when and where access to the record will be granted.   If the individual requested a copy of the record, the copy will accompany such notification. 

[43 FR 776, Jan. 4, 1978, as amended at 47 FR 36821, Aug. 24, 1982; 60 FR 34169, June 30, 1995]  

37 C.F.R. § 204.6   Fees.

          (a) The Copyright Office will provide, free of charge, one copy to an individual of any record pertaining to that individual contained in a Copyright Office system of records, except where the request is for a copy of a record for which a specific fee is required under section 708 of Title 17 of the United States Code, in which case that fee shall be charged. For additional copies of records not covered by section 708 the fee will be a minimum of $15.00 for up to 15 pages and $.50 per page over 15. The Office will require prepayment of fees estimated to exceed $25.00 and will remit any excess paid or bill an additional amount according to the differences between the final fee charged and the amount prepaid. When prepayment is required, a request is not deemed “received” until prepayment has been made. 

        (b) The Copyright Office may waive the fee requirement whenever it determines that such waiver would be in the public interest. 

[43 FR 776, Jan. 4, 1978, as amended at 47 FR 36821, Aug. 24, 1982; 56 FR 59886, Nov. 26, 1991; 63 FR 29137, 29139, May 28, 1998] 

37 C.F.R. § 204.7   Request for correction or amendment of records. 

        (a) Any individual may request the correction or amendment of a record pertaining to her or him. With respect to an error in a copyright registration, the procedure for correction and fee chargeable is governed by section 408(d) of Title 17 of the United States Code, and the regulations issued as authorized by that section.  With respect to an error in any other record, the request shall be in writing and delivered either by mail addressed to the Supervisory Copyright Information Specialist, Information Section, Information and Reference Division, Copyright Office, Library of Congress, Washington, D.C. 20559, or in person between the hours of 8:30 a.m. and 5 p.m. on any working day except legal holidays, at Room LM-401, The James Madison Memorial Building, 1st and Independence Avenue, S.E., Washington, D.C.  The request shall explain why the individual believes the record to be incomplete, inaccurate, irrelevant, or untimely. 

        (b) With respect to an error in a copyright registration, the time limit for Office response to requests for correction is governed by section 408(d) of Pub. L. 94-553, and the regulations issued as authorized by that section.   With respect to other requests for correction or amendment of records, the Office will respond within 10 working days indicating to the requester that the requested correction or amendment has been made or that it has been refused.  If the requested correction or amendment is refused, the Office response will indicate the reason for the refusal and the procedure available to the individual to appeal the refusal. 

[43 FR 776, Jan. 4, 1978, as amended at 47 FR 36821, Aug. 24, 1982; 60 FR 34169, June 30, 1995]  

37 C.F.R. § 204.8   Appeal of refusal to correct or amend an individual's record. 

        (a) An individual has 90 calendar days from receipt of the Copyright Office's response to appeal the refusal to correct or amend a record pertaining to the individual.  The individual should submit a written appeal to the Register of Copyright, Copyright Office, Library of Congress, Washington, D.C. 20559 for the final administrative determination.   Appeals, and the envelopes carrying them, should be plainly marked “Privacy Act Appeal”.  Failure to so mark the appeal may delay the Register's response.   An appeal should contain a copy of the request for amendment or correction and a copy of the record alleged to be untimely, inaccurate, incomplete or irrelevant.  

        (b) The Register will issue a written decision granting or denying the appeal within 30 working days after receipt of the appeal unless, after showing good cause, the Register extends the 30 day period.  If the appeal is granted, the requested amendment or correction will be made promptly. If the appeal is denied, in whole or part, the Register's decision will set forth reasons for the denial. Additionally, the decision will advise the requester that he or she has the right to file with the Copyright Office a concise statement of his or her reasons for disagreeing with the refusal to amend the record and that such statement will be attached to the requester's record and included in any future disclosure of such record.  

[43 FR 776, Jan. 4, 1978]

37 C.F.R. § 204.9   Judicial review.  

        Within two years of the receipt of a final adverse administrative determination, an individual may seek judicial review of that determination as provided in 5 U.S.C. 552a(g)(1). 

[43 FR 776, Jan. 4, 1978]

37 C.F.R. § 211.1   General provisions.  

        (a) Mail and other communications with the Copyright Office concerning the Semiconductor Chip Protection Act of 1984, Pub. L. 98-620, chapter 9 of Title 17 U.S.C., shall be addressed to: Library of Congress, Department MW, Washington, DC 20540. 

        (b) Section 201.2 of this chapter relating to the information given by the Copyright Office, and parts 203 and 204 of this chapter pertaining to the Freedom of Information Act and Privacy Act, shall apply, where appropriate, to the administration by the Copyright Office of the Semiconductor Chip Protection Act of 1984, Pub. L. 98-620. 

        (c) For purposes of this part, the terms semiconductor chip product, mask work, fixed, commercially exploited, and owner, shall have the meanings set forth in section 901 of Title 17 U.S.C. 

[50 FR 26719, June 28, 1985]

37 C.F.R. § 211.2   Recordation of documents pertaining to mask works.

        The conditions prescribed in § 201.4 of this chapter for recordation of transfers of copyright ownership and other documents pertaining to copyright are applicable to the recordation of documents pertaining to mask works under section 903 of Title 17 U.S.C. 

37 C.F.R. § 211.3   Mask work fees.  

        (a) The following fees or charges are established by the Register of Copyrights for services relating to mask works: 

        (1) For filing an application for registration of a mask work claim, $75.00; 

        (2) For the recordation of a document covering not more than one title, the basic recordation fee is $75.00. For additional titles over one, a charge of $10 is added for each group of not more than 10 titles;  

        (3) For a certified copy of a certificate of registration, $8; 

        (4) For certifications of photocopies of other Copyright Office records, $20 for each hour or fraction of an hour consumed with respect thereto; 

        (5) For issuance of a receipt of deposit, $4; 

        (6) For each hour or fraction of an hour consumed in making and reporting a routine search, or for any related services, $20;  

        (7) For special handling of an application for registration of a claim, $500.00; 

        (8) For any special services not listed above requiring a substantial amount of time or expense, the fees will be fixed on the basis of the cost of providing the service. 

        (b) Section 201.6 of this chapter on the payment and refund of Copyright Office fees shall apply to mask work fees. 

[50 FR 26719, June 28, 1985, as amended at 56 FR 59886, Nov. 26, 1991; 59 FR 38372, July 28, 1994; 63 FR 29137, 29139, May 28, 1998] 

37 C.F.R. § 211.4   Registration of claims of protection in mask works. 

        (a) General. This section prescribes conditions for the registration of claims of protection in mask works pursuant to section 908 of Title 17 U.S.C.  

         (b) Application for registration.               

        (1) For purposes of registration of mask work claims, the Register of Copyrights has designated “Form MW” to be used for all applications submitted on and after January 7, 1985. Copies of the form are available free upon request to the Public Information Office, U.S. Copyright Office, Library of Congress, Washington, D.C. 20559. Applications submitted before January 7, 1985 will be dated January 7, 1985. 

        (2) An application for registration of a mask work claim may be submitted by the owner of the mask work, or the duly authorized agent of any such owner. 

        (i) The owner of a mask work includes a party that has obtained the transfer of all of the exclusive rights in the work, but does not include the transferee of less than all of the exclusive rights, or the licensee of all or less than all of these rights. 

        (ii) For purposes of eligibility to claim mask work protection pursuant to section 902(a)(1)(A) of 17 U.S.C., the owner of the mask work must be either the initial owner or a person who has obtained by transfer the totality of rights in the mask work under the Act.  

        (3) An application for registration shall be submitted on Form MW prescribed by the Register under paragraph (b)(1) of this section, and shall be accompanied by the registration fee and deposit required under 17 U.S.C. 908 and §§ 211.3 and 211.5 of these regulations. The application shall contain the information required by the form and its accompanying instructions, and shall include a certification. The certification shall consist of:  

        (i) A declaration that the applicant is authorized to submit the application and that the statements made are correct to the best of that person's knowledge; and 

        (ii) The handwritten signature of the applicant, accompanied by the typed or printed name of that person. 

        (c) One registration per mask work.                

        (1) Subject to the exception specified in paragraph (c)(2) of this section, only one registration can generally be made for the same version of a mask work fixed in an intermediate or final form of any semiconductor chip product. However, where an applicant for registration alleges that an earlier registration for the same version of the work is unauthorized and legally invalid and submits for recordation a signed affidavit, a registration may be made in the applicant's name. 

        (2) Notwithstanding the general rule permitting only one registration per work, owners of mask works in final forms of semiconductor chip products that are produced by adding metal-connection layers to unpersonalized gate arrays may separately register the entire unpersonalized gate array and the custom metallization layers. Applicants seeking to register separately entire unpersonalized gate arrays or custom metallization layers should make the nature of their claim clear at Space 8 of application Form MW. For these purposes, an “unpersonalized gate array” is an intermediate form chip product that includes a plurality of circuit elements that are adaptable to be personalized into a plurality of different final form chip products, in which some of the circuit elements are, or will be, connected as gates.  

        (d) Registration as a single work. Subject to the exception specified in paragraph (c)(2) of this section, for purposes of registration on a single application and upon payment of a single fee, the following shall be considered a single work. 

        (1) In the case of a mask work that has not been commercially exploited: All original mask work elements fixed in a particular form of a semiconductor chip product at the time an application for registration is filed and in which the owner or owners of the mask work is or are the same; and  

        (2) In the case of a mask work that has been commercially exploited.  All original mask work elements fixed in a semiconductor chip product at the time that product was first commercially exploited and in which the owner or owners of the mask is or are the same. 

        (e) Registration in most complete form.  Owners seeking registration of a mask work contribution must submit the entire original mask work contribution in its most complete form as fixed in a semiconductor chip product.  The most complete form means the stage of the manufacturing process which is closest to completion.  In cases where the owner is unable to register on the basis of the most complete form because he or she lacks control over the most complete form, an averment of this fact must be made at Space 2 of Form MW.  Where such an averment is made, the owner may register on the basis of the most complete form in his or her possession.  For applicants seeking to register an unpersonalized gate array or custom metallization layers under paragraph (c)(2), the most complete form is the entire chip on which the unpersonalized gate array or custom metallization layers reside(s), and registration covers those elements of the chip in which work protection is asserted. 

        (f) Section 914 Orders.            

        (1) For purposes of this section, the terms Commissioner and Order shall have the meaning given them in the Guidelines for the Submission of Applications for Interim Protection of Mask Works Under 17 U.S.C. 914 (49 FR 44517; Nov. 7, 1984) as follows: 

        (i) Commissioner means the Assistant Secretary of Commerce and Commissioner of Patents and Trademarks.

        (ii) Order means an action by the Commissioner issuing or terminating an Order extending to foreign nationals, domiciliaries and sovereign authorities the privilege of making interim registrations for mask works pursuant to Chapter 9 of title 17, U.S.C. 

        (2) In the case of a mask work which is eligible for registration only after issuance of an Order of the Commissioner pursuant to section 914, 17 U.S.C., applications for registration under section 908 may be submitted, along with the proper identifying material and fee, if a request for issuance of an Order has been made in accordance with the Guidelines. The Copyright Office will process and examine the claims, but will not issue a certificate of registration unless and until an Order is issued pursuant to 17 U.S.C. 914. 

        (3) The effective date of any registration premised on a section 914, 17 U.S.C. Order shall not be earlier than the effective date of the Order.  

        (4) Registration premised on a section 914, 17 U.S.C.   Order will be refused unless the Order is given an effective date before, and the proper application, deposit of identifying material, and fee are received in the Copyright Office before:  

        (i) July 1, 1985, in the case of mask works first commercially exploited between July 1, 1983, and November 8, 1984; or  

        (ii) The expiration of two years following first commercial exploitation, in the case of a mask work commercially exploited on or after November 8, 1984. 

        (5) Subject to paragraph (e)(4) of this section, registration of a claim premised on a section 914, 17 U.S.C. Order will be made even after the termination or expiration of an Order, provided that a proper application, deposit of identifying material, and fee are received in the Copyright Office while the Order is in effect, and the claim is otherwise entitled to registration under chapter 9 of Title 17 U.S.C.  

        (g) Corrections and amplifications of prior registration. Except for errors or omissions made by the Copyright Office, no corrections or amplifications can be made to the information contained in the record of a completed registration after the effective date of the registration. A document purporting to correct or amplify the information in a completed registration may be recorded in the Copyright Office for whatever effect a court of competent jurisdiction may later give to it, if the document is signed by the owner of the mask work, as identified in the registration record, or by a duly authorized agent of the owner.  

[50 FR 26719, June 28, 1985, as amended at 56 FR 7818, Feb. 26, 1991] 

37 C.F.R. § 211.5   Deposit of identifying material. 

        (a) General. This section prescribes rules pertaining to the deposit of identifying material for registration of a claim of protection in a mask work under section 908 of Title 17 U.S.C. 

        (b) Nature of required deposit. Subject to the provisions of paragraph (c) of this section, the deposit of identifying material to accompany an application for registration of a mask work claim under § 211.4 of these regulations shall consist of: 

        (1) In the case of a commercially exploited mask work, four reproductions of the mask work fixed in the form of the semiconductor chip product in which it was first commercially exploited. Defective chips may be deposited under this section provided that the mask work contribution would be revealed in reverse dissection of the chips. The four reproductions shall be accompanied by a visually perceptible representation of each layer of the mask work consisting of: 

        (i) Sets of plastic color overlay sheets; 

        (ii) Drawings or plots in composite form on a single sheet or on separate sheets; or  

        (iii) A photograph of each layer of the work fixed in a semiconductor chip product.  

        The visually perceptible representation of a mask work deposited under this section shall be reproduced on material which can be readily stored in an 8 1/2 x 11 inch format, and shall be reproduced at a magnification sufficient to reveal the basic circuitry design of the mask work and which shall in all cases be at least 20 times magnification.  

        (2) In the case of a mask work that has not been commercially exploited, one of the following: 

        (i) Where the mask work contribution in which registration is sought represents twenty percent or more of the area of the intended final form, a visually perceptible representation of the work in accordance with paragraph (b)(1)(i) or (ii) of this section. In addition to the deposit of visually perceptible representations of the work, an applicant may, at his or her option, deposit four reproductions in the most complete form of the mask work as fixed in a semiconductor product. 

        (ii) Where the mask work contribution in which registration is sought represents less than twenty percent of the area of the intended final form, a visually perceptible representation of the work which reveals the totality of the mask work contribution to a person trained in the state of the art. The visually perceptible representations may consist of any combination of plastic color overlay sheets, drawing or plots in composite form, or a photograph or photographs of the entire mask set. If the visually perceptible representation fails to identify all of the elements of the mask work contribution, they may be accompanied by additional explanatory material. The visually perceptible representation of a mask work deposited under this section shall be reproduced on material which can be readily stored in an 8 1/2 x 11 inch format and shall be of sufficient magnification and completeness to reveal all elements of the mask work contribution. In addition to the deposit of visually perceptible representations of the work, an applicant may, at his or her option, deposit four reproductions in the most complete form of the mask work as fixed in a semiconductor chip product. 

        (c) Trade secret protection. Where specific layers of a mask work fixed in a semiconductor chip product contain information in which trade secret protection is asserted, certain material may be withheld as follows:  

        (1) Mask works commercially exploited. For commercially exploited mask works no more than two layers of each five or more layers in the work. In lieu of the visually perceptible representations required under paragraph (b)(1) of this section, identifying portions of the withheld material must be submitted. For these purposes, identifying portions shall mean (i) a printout of the mask work design data pertaining to each withheld layer, reproduced in microform, or (ii) visually perceptible representations in accordance with paragraph (b)(1) (i), (ii), or (iii) of this section with those portions containing sensitive information maintained under a claim of trade secrecy blocked out, provided that the portions remaining are greater than those which are blocked out. 

        (2) Mask work not commercially exploited. For mask works not commercially exploited falling under paragraph (b)(2)(i) of this section, any layer may be withheld. In lieu of the visually perceptible representations required under paragraph (b)(2) of this section, “identifying portions” shall mean (i) a printout of the mask work design data pertaining to each withheld layer, reproduced in microform, in which sensitive information maintained under a claim of trade secrecy has been blocked out or stripped, or (ii) visually perceptible representations in accordance with paragraph (b)(2)(i) with those portions containing sensitive information maintained under a claim of trade secrecy blocked out, provided that the portions remaining are greater than those which are blocked out. The identifying portions shall be accompanied by a single photograph of the top or other visible layers of the mask work fixed in a semiconductor chip product in which the sensitive information maintained under a claim of trade secrecy has been blocked out, provided that the blocked out portions do not exceed the remaining portions.  

        (d) Special relief. The Register of Copyrights may decide to grant special relief from the deposit requirements of this section, and shall determine the conditions under which special relief is to be granted., Requests for special relief under this paragraph shall be made in writing to the Chief, Examining Division of the Copyright Office, Washington, D.C. 20559, shall be signed by the person signing the application for registration, shall set forth specific reasons why the request should be granted and shall propose an alternative form of deposit. 

        (e) Retention and disposition of deposits.                

        (1) Any identifying material deposited under this section, including material deposited in connection with claims that have been refused registration, are the property of the United States Government.  

        (2) Where a claim of protection in a mask work is registered in the Copyright Office, the identifying material deposited in connection with the claim shall be retained under the control of the Copyright Office, including retention in Government storage facilities, during the period of protection. After that period, it is within the joint discretion of the Register of Copyrights and the Librarian of Congress to order its destruction or other disposition. 

[50 FR 26719, June 28, 1985; 60 FR 34169, June 30, 1995] 

37 C.F.R. § 211.6   Methods of affixation and placement of mask work notice.  

        (a) General.            

        (1) This section specifies methods of affixation and placement of the mask work notice that will satisfy the notice requirement in section 909 of title 17 U.S.C. A notice deemed “acceptable” under this regulation shall be considered to satisfy the requirement of that section that it be affixed “in such manner and location as to give reasonable notice” of protection. As provided in that section, the examples specified in this regulation shall not be considered exhaustive of the methods of affixation and positions giving reasonable notice of the claim of protection in a mask work.  

        (2) The acceptability of a mask work notice under these regulations shall depend upon its being legible under normal conditions of use, and affixed in such manner and position that, when affixed, it may be viewed upon reasonable examination. 

        (b) Elements of mask work notice. The elements of a mask work notice shall consist of: 

        (1) The words mask work, the symbol “M” or the symbol [the letter M in a circle]; and 

        (2) The name of the owner or owners of the mask work or an abbreviation by which the name is recognized or is generally known.  

        (c) Methods of affixation and placement of the notice. In the case of a mask work fixed in a semiconductor chip product, the following locations are acceptable: 

        (1) A gummed or other label securely affixed or imprinted upon the package or other container used as a permanent receptacle for the product; or 

        (2) A notice imprinted or otherwise affixed in or on the top or other visible layer of the product. 

[50 FR 26719, June 28, 1985; 60 FR 34169, June 30, 1995] 

37 C.F.R. § 251.1   Official addresses.  

        Claims, pleadings, and general correspondence should be addressed to:  

        Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024 

           or, hand-delivered to: 

           Office of the Copyright General Counsel, Room 403, James Madison Building, 101 Independence Avenue, S.E., Washington, DC 20540  

[59 FR 23981, May 9, 1994; 61 FR 63715, 63717, Dec. 2, 1996] 

37 C.F.R. § 251.2   Purpose of Copyright Arbitration Royalty Panels. 

        The Librarian of Congress, upon the recommendation of the Register of Copyrights, may appoint and convene a Copyright Arbitration Royalty Panel (CARP) for the following purposes: 

        (a) To make determinations concerning royalty rates for the cable compulsory license, 17 U.S.C. 111; 

        (b) To make determinations concerning royalty rates and terms for the subscription digital audio transmissions compulsory license, 17 U.S.C. 114;  

        (c) To make determinations concerning royalty rates for making and distributing phonorecords, and royalty rates and terms for digital transmissions that constitute digital phonorecord deliveries, 17 U.S.C. 115;  

        (d) To make determinations concerning royalty rates for coin-operated phonorecord players (jukeboxes) whenever a negotiated license expires or is terminated and is not replaced by another such license agreement, 17 U.S.C. 116;  

        (e) To make determinations concerning royalty rates and terms for the use by noncommercial educational broadcast stations for certain copyrighted works, 17 U.S.C. 118; 

        (f) To make determinations concerning royalty rates for the satellite carrier compulsory license, 17 U.S.C. 119; and 

        (g) To make determinations concerning the distribution of cable and satellite carrier royalty fees and digital audio recording devices and media payments deposited with the Register of Copyrights, 17 U.S.C. 111, 119, and chapter 10, respectively. 

[59 FR 23981, May 9, 1994; 59 FR 63040, Dec. 7, 1994; 61 FR 37213, 37215, July 17, 1996] 

37 C.F.R. § 251.3   Arbitrator lists.  

        (a) Any professional arbitration association or organization may submit, before January 1, 1998, and every two years thereafter, a list of persons qualified to serve as arbitrators on a Copyright Arbitration Royalty Panel. The list shall contain the following for each person: 

        (1) The full name, address, and telephone number of the person. 

        (2) The current position and name of the person's employer, if any, along with a brief summary of the person's employment history, including areas of expertise, and, if available, a description of the general nature of clients represented and the types of proceedings in which the person represented clients. 

        (3) A brief description of the educational background of the person, including teaching positions and membership in professional associations, if any. 

        (4) A statement of the facts and information which qualify the person to serve as an arbitrator under § 251.5. 

        (5) A description or schedule detailing fees proposed to be charged by the person for service on a CARP. 

        (6) Any other information which the professional arbitration association or organization may consider relevant.  

        (b) After January 1, 1998, and every two years thereafter, the Librarian of Congress shall publish in the Federal Register a list of at least 30, but not more than 75 persons, submitted to the Librarian from at least three professional arbitration associations or organizations. The persons so listed must satisfy the qualifications and requirements of this subchapter and can reasonably be expected to be available to serve as arbitrators on a Copyright Arbitration Royalty Panel during that calendar year. This list will constitute the “arbitrator list” referred to in this subchapter. With respect to persons on the arbitrator list, the Librarian will make available for copying and inspection the information provided under paragraph (a) of this section.  

[59 FR 23981, May 9, 1994; 59 FR 63040, Dec. 7, 1994; 61 FR 63715, 63717, Dec. 2, 1996; 63 FR 30634, 30635, June 5, 1998] 

Continuation: 37 C.F.R.§ 251.4   Arbitrator lists: Objections.