[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR259.3]

[Page 589-590]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND MEDIA ROYALTY PAYMENTS--Table of Contents
 
Sec. 259.3  Content of claims.

    (a) Claims filed by interested copyright parties for digital audio 
recording devices and media royalty payments shall include the following 
information:
    (1) The full legal name of the person or entity claiming royalty 
payments.
    (2) The telephone number, facsimile number, if any, and full 
address, including a specific number and street

[[Page 590]]

name or rural route, of the place of business of the person or entity.
    (3) A statement as to how the claimant fits within the definition of 
interested copyright party specified in 17 U.S.C. 1001(7).
    (4) A statement as to whether the claim is being made against the 
Sound Recordings Fund or the Musical Works Fund, as set forth in 17 
U.S.C. 1006(b) and as to which Subfund of the Sound Recordings Fund 
(i.e., the copyright owners or featured recording artists Subfund) or 
the Musical Works Fund (i.e., the music publishers or writers Subfund) 
the claim is being made against as set forth in 17 U.S.C. 1006(b)(1)-
(2).
    (5) Identification, establishing a basis for the claim, of at least 
one musical work or sound recording embodied in a digital musical 
recording or an analog musical recording lawfully made under title 17 of 
the United States Code that has been distributed (as that term is 
defined in 17 U.S.C. 1001(6)), and that, during the period to which the 
royalty payments claimed pertain, has been (i) Distributed (as that term 
is defined in 17 U.S.C. 1001(6)) in the form of digital musical 
recordings or analog musical recordings, or (ii) Disseminated to the 
public in transmissions.
    (b) Claims shall bear the original signature of the claimant or of a 
duly authorized representative of the claimant.
    (c) In the event that the legal name and/or address of the claimant 
changes after the filing of the claim, the claimant shall notify the 
Copyright Office of such change. If the good faith efforts of the 
Copyright Office to contact the claimant are frustrated because of 
failure to notify the Office of a name and/or address change, the claim 
may be subject to dismissal.
    (d) If the claim is a joint claim, it shall include a concise 
statement of the authorization for the filing of the joint claim, and 
the name of each claimant to the joint claim.
    (e) If an interested copyright party intends to file claims against 
more than one Subfund, each such claim must be filed separately with the 
Copyright Office. Any claim that purports to file against more than one 
subfund will be rejected.

[58 FR 53826, Oct. 18, 1993. Redesignated and amended at 59 FR 23994, 
May 9, 1994; 59 FR 33202, June 28, 1994; 59 FR 63043, Dec. 7, 1994; 60 
FR 8198, 8199, Feb. 13, 1995; 64 FR 36576, July 7, 1999]