37 C.F.R. § 351.12 Requests for additional discovery during the hearing in rate proceedings.
Title 37 - Patents, Trademarks, and Copyrights
(a) A participant may, in the course of a royalty rate hearing, request of an opposing participant or witness other relevant information. The request may be made by means of written motion or oral motion on the record. The Copyright Royalty Board will allow such request only if they determine that, absent the discovery sought, their ability to achieve a just resolution of the proceeding would be substantially impaired. (b) In determining whether discovery will be granted under this section, the Copyright Royalty Board will consider— (1) Whether the burden or expense of producing the requested information or materials outweighs the likely benefit, taking into account the needs and resources of the participants, the importance of the issues at stake, and the probative value of the requested information or materials in resolving such issues; (2) Whether the requested information or materials would be unreasonably cumulative or duplicative, or are obtainable from another source that is more convenient, less burdensome, or less expensive; and (3) Whether the participant seeking the discovery had an ample opportunity by previous discovery in the proceeding or by other means to obtain the information sought. (c) This section shall not apply to any proceeding scheduled to commence after December 31, 2010.
Title 37: Patents, Trademarks, and Copyrights
PART 351—PROCEEDINGS
§ 351.12 Requests for additional discovery during the hearing in rate proceedings.