37 CFR 351.2 - Voluntary negotiation period; settlement.

§ 351.2 Voluntary negotiation period; settlement.

(a)Commencement; duration. After the date for filing petitions to participate in a proceeding, the Copyright Royalty Judges will announce the beginning of a voluntary negotiation period and will make a list of the participants available to the participants in the particular proceeding. The voluntary negotiation period shall last three months, after which the parties shall notify the Copyright Royalty Judges in writing as to whether a settlement has been reached.

(b)Settlement -

(1)Distribution proceedings. Pursuant to 17 U.S.C. 801(b)(7)(A), to the extent that a settlement has been reached in a distribution proceeding, that agreement will provide the basis for the distribution.

(2)Royalty rate proceedings. If, in a proceeding to determine statutory terms and rates, the participating parties report that a settlement has been reached by some or all of the parties, the Copyright Royalty Judges, pursuant to 17 U.S.C. 801(b)(7)(A), will publish the settlement in the Federal Register for notice and comment from those bound by the terms, rates, or other determination set by the agreement. If an objection to the adoption of an agreement is filed, the Copyright Royalty Judges may decline to adopt the agreement as a basis for statutory terms and rates for participants that are not parties to the agreement if the Copyright Royalty Judges conclude that the agreement does not provide a reasonable basis for setting statutory terms or rates.

[ 70 FR 30905, May 31, 2005, as amended at 71 FR 53328, Sept. 11, 2006]

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United States Code
U.S. Code: Title 17 - COPYRIGHTS

Title 37 published on 20-Dec-2017 04:15

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR Part 351 after this date.

  • 2017-04-20; vol. 82 # 75 - Thursday, April 20, 2017
    1. 82 FR 18563 - Procedural Regulations for the Copyright Royalty Board: Organization, General Administrative Provisions
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final rule.
      Effective April 20, 2017.
      37 CFR Parts 301, 350 and 351
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