37 C.F.R. PART 353—REHEARING
Title 37 - Patents, Trademarks, and Copyrights
Authority: 17 U.S.C. 803.
Source: 70 FR 30905, May 31, 2005, unless otherwise noted.
A motion for rehearing may be filed by any participant in the relevant proceeding. The Copyright Royalty Board may grant rehearing upon a showing that any aspect of the Board's determination may be erroneous. Rehearing will be granted only in exceptional cases, however, and should not be sought merely to reargue a rate or distribution level determination that falls within the zone of reasonableness established by the record. A motion for rehearing shall not exceed 10 pages in length and must set forth, in the beginning of its text, a brief summary statement of the aspects of the determination believed by the moving participant to be without evidentiary support in the record or contrary to legal requirements. Upon receipt of a motion for rehearing, the Copyright Royalty Board will issue an order either denying the motion or ordering further proceedings. No participant shall file a response to a rehearing motion, unless such response is allowed by order of the Copyright Royalty Board. A motion for hearing must be filed within 10 days after the date on which the Copyright Royalty Board delivers to the participants an initial determination. In any case in which a response to a rehearing motion is allowed, or rehearing is granted, an opposing party shall not be required to participate in the rehearing. The Copyright Royalty Board will not draw any negative inference from a lack of participation in a rehearing. However, participants should be aware that nonparticipation in rehearing proceedings may limit the scope of their participation in judicial review proceedings as set forth in 17 U.S.C. 803(d)(1).
Title 37: Patents, Trademarks, and Copyrights
PART 353—REHEARING
Section Contents
§ 353.1 When granted.
§ 353.2 Form and content of rehearing motions.
§ 353.3 Procedure on rehearing.
§ 353.4 Filing deadline.
§ 353.5 Participation not required.
§ 353.1 When granted.
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§ 353.2 Form and content of rehearing motions.
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§ 353.3 Procedure on rehearing.
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§ 353.4 Filing deadline.
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§ 353.5 Participation not required.
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