37 C.F.R. § 351.4

Written direct statements

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(a) Required filing; deadline. All parties who have filed a petition to participate in the hearing must file a written direct statement. The deadline for the filing of the written direct statement will be specified by the Copyright Royalty Judges, not earlier than 4 months, nor later than 5 months, after the end of the voluntary negotiation period set forth in § 351.2.

(b) Required content—(1) Testimony. The written direct statement shall include all testimony, including each witness's background and qualifications, along with all the exhibits.

(2) Designated past records and testimony. Each participating party may designate a portion of past records, including records of the Copyright Royalty Tribunal or Copyright Arbitration Royalty Panels, that it wants included in its direct statement. If a party intends to rely on any part of the testimony of a witness in a prior proceeding, the complete testimony of that witness (i.e., direct, cross and redirect examination) must be designated. The party submitting such past records and/or testimony shall include a copy with the written direct statement.

(3) Claim. In the case of a royalty distribution proceeding, each party must state in the written direct statement its percentage or dollar claim to the fund. In the case of a rate (or rates) proceeding, each party must state its requested rate. No party will be precluded from revising its claim or its requested rate at any time during the proceeding up to, and including, the filing of the proposed findings of fact and conclusions of law.

(c) Amended written direct statements. A participant in a proceeding may amend a written direct statement based on new information received during the discovery process, within 15 days after the end of the discovery period. An amended written direct statement must explain how it differs from the written direct statement it will amend and must demonstrate that the amendment is based on new information received during the discovery process. The participant amending its written direct statement may file either the amended portions of the written direct statement or submit complete new copies at its option.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53328, Sept. 11, 2006; 71 FR 59010, Oct. 6, 2006]

Notes of Decisions

Cited in 3 cases, 2015–2020 · leading case: Settling Devotional v. Copyright Royalty Bd., 797 F.3d 1106 (D.C. Cir. 2015).

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Settling Devotional v. Copyright Royalty Bd., 797 F.3d 1106 (D.C. Cir. 2015). · cites it 4× “Brown’s rebuttal testimony, the Royalty Judges reiterated that 37 C.F.R. § 351.4 (b) required that Whitt’s testimony be included in the written direct statement.”

Intercollegiate Broad. Sys., Inc. v. Copyright Royalty Bd., 796 F.3d 111 (D.C. Cir. 2015). “§ 803(b)(6)(C)(ii)(II) (broadly defining “written direct statement” as “witness statements, testimony, and exhibits to be presented in the proceedings, and such other information that is necessary to establish terms and rates, or the distribution of royalty payments, as the case…”

Indep. Producers Grp. v. CRB, 966 F.3d 799 (D.C. Cir. 2020). · cites it 2× “Second, the Judges’ rules require that a party wishing to rely on the testimony of a witness from a prior proceeding must designate the complete testimony of that witness and include a copy of it, 37 C.F.R. § 351.4 (b)(2), but IPG failed to do so.”

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