[Federal Register: February 4, 2004 (Volume 69, Number 23)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
LIBRARY OF CONGRESS
[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
EFFECTIVE DATE: February 4, 2004.
FOR FURTHER INFORMATION CONTACT: Susan N. Grimes, P.O. Box 70977,
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
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
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
The Honorable John W. Cooley--Judicial Dispute Resolution, Inc
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
Bruce G. Forrest, Esq.--Arbitration & Mediation Services
Margery F. Gootnick, Esq.--Arbitration & Mediation Services
The Honorable Jeffrey S. Gulin--Arbitration & Mediation Services
Katherine Hendricks--American Arbitration Association
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
Gloria Messinger--American Arbitration Association
Cherly Niro--Judicial Dispute Resolution, Inc
Timothy T. Patula--American Arbitration Association
Richard Sayler--American Arbitration Association
Curtis von Kann--JAMS
Eric Van Loon--JAMS
The Honorable Michael Wolf--Arbitration & Mediation Services
Gregg Zeggarelli--American Arbitration Association
Dated: January 29, 2004.
David O. Carson,
[FR Doc. 04-2288 Filed 2-3-04; 8:45 am]
BILLING CODE 1410-33-P