US Laws, Codes, Statutes & Cases

Title 37: Patents, Trademarks, and Copyrights
PART 351—PROCEEDINGS

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§ 351.2   Voluntary negotiation period; settlement.

(a) Commencement; duration. Within thirty-five business days from the date a proceeding is initiated by notice in the Federal Register pursuant to §351.1(a), the Copyright Royalty Board 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 Board in writing as to whether a settlement has been reached.

(b) Settlement—(1) Distribution proceedings. To the extent that a settlement or partial settlement has been reached in a distribution proceeding, that agreement will provide the basis for a full or partial 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 Board 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. The Board 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 Board concludes that the agreement does not provide a reasonable basis for setting statutory terms or rates.