37 C.F.R. Subpart C—Public Access to and Inspection of Records
Title 37 - Patents, Trademarks, and Copyrights
(a) All official determinations of a Copyright Arbitration Royalty Panel will be published in the (b) All records of a CARP, and all records of the Librarian of Congress assembled and/or created under 17 U.S.C. 801 and 802, are available for inspection and copying at the address provided in §251.1 with the exception of: (1) Records that relate solely to the internal personnel rules and practices of the Copyright Office or the Library of Congress; (2) Records exempted by statute from disclosure; (3) Interoffice memoranda or correspondence not available by law except to a party in litigation with a CARP, the Copyright Office, or the Library of Congress; (4) Personnel, medical, or similar files whose disclosure would be an invasion of personal privacy; (5) Communications among arbitrators of a CARP concerning the drafting of decisions, opinions, reports, and findings on any CARP matter or proceeding; (6) Communications among the Librarian of Congress and staff of the Copyright Office or Library of Congress concerning decisions, opinions, reports, selection of arbitrators, or findings on any matter or proceeding conducted under 17 U.S.C. chapter 8; (7) Offers of settlement that have not been accepted, unless they have been made public by the offeror; (8) Records not herein listed but which may be withheld as “exempted” if a CARP or the Librarian of Congress finds compelling reasons for such action. (a) Location of records. All of the following records relating to rate adjustment and distribution proceedings under this subchapter shall be maintained at the Copyright Office: (1) Records required to be filed with the Copyright Office; or (2) Records submitted to or produced by the Copyright Office or Library of Congress under 17 U.S.C. 801 and 802, or (3) Records submitted to or produced by a Copyright Arbitration Royalty Panel during the course of a concluded proceeding. In the case of records submitted to or produced by a CARP that is currently conducting a proceeding, such records shall be maintained by the chairperson of that panel at the location of the hearing or at a location specified by the panel. Upon conclusion of the proceeding, all records shall be delivered by the chairperson to the Copyright Office. (b) Requesting information. Requests for information or access to records described in §251.21 shall be directed to the Copyright Office at the appropriate address listed in §251.1. No requests shall be directed to or accepted by a Copyright Arbitration Royalty Panel. In the case of records in the possession of a CARP, the Copyright Office shall make arrangements with the panel for access and copying by the person making the request. (c) Fees. Fees for photocopies of CARP or Copyright Office records are the applicable Office charge. Fees for searching for records, certification of documents, and other costs incurred are as provided in 17 U.S.C. 705, 708. [59 FR 23981, May 9, 1994, as amended at 59 FR 63040, Dec. 7, 1994; 70 FR 38022, July 1, 2005] Freedom of Information Act and Privacy Act provisions applicable to CARP proceedings can be found in parts 203 and 204 of subchapter A of this chapter.
Title 37: Patents, Trademarks, and Copyrights
PART 251—COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE
Subpart C—Public Access to and Inspection of Records
§ 251.21 Public records.
§ 251.22 Public access.
§ 251.23 FOIA and Privacy Act.
