[Federal Register: February 4, 2004 (Volume 69, Number 23)]
[Page 5370-5371]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Copyright Office

[Docket No. 2004-2 CARP]

Copyright Arbitration Royalty Panels; List of Arbitrators

AGENCY: Copyright Office, Library of Congress.

ACTION: Publication of the 2004-2005 CARP arbitrator list.


SUMMARY: The Copyright Office is publishing the list of arbitrators 
eligible for service on a Copyright Arbitration Royalty Panel 
(``CARP'') during 2004 and 2005. This list will be used to select the 
arbitrators who will serve on panels initiated in 2004 and 2005 for 
determining the distribution of royalty fees or the adjustment of 
royalty rates.

EFFECTIVE DATE: February 4, 2004.

Southwest Station, Washington, DC 20024. Telephone: (202) 707-8380.



    For royalty rate adjustments and distributions that are in 
controversy, the Copyright Act requires the selection of a Copyright 
Arbitration Royalty Panel (``CARP'') consisting of three arbitrators 
from ``lists provided by professional arbitration associations.'' See 
17 U.S.C. 802(b). The Librarian of Congress selects two of the 
arbitrators for a CARP from a list of nominated arbitrators; those 
selected then choose a third arbitrator to serve as chairperson of the 
panel. If the two arbitrators cannot agree, the Librarian is instructed 
to select the third arbitrator.
    On December 7, 1994, the Copyright Office issued final regulations 
implementing the CARP selection

[[Page 5371]]

process. 59 FR 63025 (December 7, 1994). Subsequently, these rules were 
amended to provide for the generation of a new list of nominees 
biennially. 61 FR 63715 (December 2, 1996). Section 251.3(a) of the 
regulations allows any professional arbitration association or 
organization to nominate qualified individuals, as described in Sec. 
251.5, to serve as arbitrators on a CARP. The regulations require that 
the submitting arbitration association supply the following information 
for each person:
    (1) The full name, address, and telephone number of the person.
    (2) The current position and name of the person's employer, if any, 
along with a brief summary of the person's employment history, 
including areas of expertise, and, if available, a description of the 
general nature of clients represented and the types of proceedings in 
which the person represented clients.
    (3) A brief description of the educational background of the 
person, including teaching positions and membership in professional 
associations, if any.
    (4) A statement of the facts and information which qualify the 
person to serve as an arbitrator under Sec. 251.5.
    (5) A description or schedule detailing fees proposed to be charged 
by the person for service on a CARP.
    (6) Any other information which the professional arbitration 
association or organization may consider relevant. 37 CFR 251.3(a).
    Section 251.3(b) of the regulations requires the Copyright Office 
to publish a list of qualified persons and mandates that this list must 
include between 30 and 75 names of persons who were nominated from at 
least three arbitration associations. The newly comprised list of 
arbitrators will be in effect until the end of the 2005 calendar year, 
and any arbitrator selected for a CARP during 2004 and 2005 will come 
from this list. The list includes the name of the nominee and the 
nominating association.
    The publication of today's list satisfies the requirement of 37 CFR 
251.3. The information submitted by the arbitration association with 
respect to each person listed is available for copying and inspection 
at the Licensing Division of the Copyright Office. Thus, for example, 
if the Librarian is required to convene a CARP in 2004 for a royalty 
fee distribution, parties to that proceeding may review that 
information as a means of formulating objections to listed arbitrators 
under Sec. 251.4. The Licensing Division of the Copyright Office is 
located in the Library of Congress, James Madison Building, LM-458, 101 
Independence Avenue, SE., Washington, DC 20540.

Deadline for Filing Financial Disclosure Statement

    Section 251.32(a) of the CARP rules provides that, within 45 days 
of their nomination, each nominee must ``file with the Librarian of 
Congress a confidential financial disclosure statement as provided by 
the Library of Congress.'' The Copyright Office sent financial 
disclosure statements to the nominating associations, with specific 
instructions for completing and filing the statement, and asked each 
organization to distribute the forms to its nominees for the CARP 
arbitrator list. The Librarian of Congress will use the financial 
disclosure form to determine what financial conflicts of interest, if 
any, may preclude the nominee from serving as an arbitrator in a CARP 
proceeding. Unlike information submitted by the arbitration 
associations under Sec. 251.3(a), the information contained in the 
financial disclosure statements is confidential and is not available to 
the public or to the parties to the proceeding. Each nominee has filed 
a completed financial disclosure form with the Librarian of Congress.

The 2004-2005 CARP Arbitrator List

The Honorable James M. Bailey--Judicial Dispute Resolution, Inc
Dorothy K. Campbell--Intellectual Property Neutrals
Jerry Cohen--JAMS
The Honorable John W. Cooley--Judicial Dispute Resolution, Inc
Robert Davidson--JAMS
Mark J. Davis--American Arbitration Association
The Honorable Gino L. DiVito--Judicial Dispute Resolution, Inc
The Honorable Michael W. Doheny--Arbitration & Mediation Services
Edward Dreyfus--American Arbitration Association
Robert Faulkner--JAMS
Bruce G. Forrest, Esq.--Arbitration & Mediation Services
Michael Getty--JAMS
Margery F. Gootnick, Esq.--Arbitration & Mediation Services
Jerry Grissom--JAMS
The Honorable Jeffrey S. Gulin--Arbitration & Mediation Services
William Hartgering--JAMS
Katherine Hendricks--American Arbitration Association
Harold Himmelman--JAMS
The Honorable Louis N. Hurwitz--Arbitration & Mediation Services
Nancy F. Lesser--American Arbitration Association
Richard Andrew Levie--JAMS
Joel Levine--American Arbitration Association
The Honorable John P. Mahoney--Arbitration & Mediation Services
William McDonald--JAMS
Gloria Messinger--American Arbitration Association
Cecilia Morgan--JAMS
Cherly Niro--Judicial Dispute Resolution, Inc
Timothy T. Patula--American Arbitration Association
Alexander Polsky--JAMS
Kathleen Roberts--JAMS
Richard Sayler--American Arbitration Association
Vivien Shelanski--JAMS
James Sullivan--JAMS
Pamela Tynes--JAMS
Curtis von Kann--JAMS
Eric Van Loon--JAMS
The Honorable Michael Wolf--Arbitration & Mediation Services
Michael Young--JAMS
Gregg Zeggarelli--American Arbitration Association

    Dated: January 29, 2004.
David O. Carson,
General Counsel.
[FR Doc. 04-2288 Filed 2-3-04; 8:45 am]