[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Notices]
[Pages 5410-5411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2993]



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LIBRARY OF CONGRESS

Copyright Office
[Docket No. 96-1 CARP]


Copyright Arbitration Royalty Panels; List of Arbitrators

AGENCY: Copyright Office, Library of Congress.
ACTION: Publication of the 1996 CARP arbitrator list.

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SUMMARY: The Copyright Office is publishing the list of arbitrators 
eligible for selection to a Copyright Arbitration Royalty Panel (CARP) 
during 1996. This CARP arbitrator list will be used to select the 
arbitrators who will serve on panels initiated in 1996 for determining 
the distribution of royalty fees or the adjustment of royalty rates.
EFFECTIVE DATE: February 12, 1996.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General 
Counsel, or Tanya M. Sandros, Copyright Arbitration Royalty Panel 
Specialist, at Copyright Arbitration Royalty Panel, P.O. Box 70977, 
Southwest Station, Washington, DC 20024. Telephone: (202) 707-8380. 
Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

Background

    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). 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 

[[Page 5411]]
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 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 is in effect until the end of the calendar year and any and 
all arbitrators selected for a CARP during the year would 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 1996 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, Room 458, 
101 Independence Avenue, SE., Washington, DC 20540.

Deadline for Filing Financial Disclosure Statement

    Publication of today's list also triggers a requirement imposed by 
the regulations on the individuals named in the list. Section 251.32(a) 
of the CARP rules provides that, within one month of date of 
publication of this list in the Federal Register, each listed person 
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 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. Failure to 
file the statement in a timely manner may preclude consideration of the 
person for service on an arbitration panel.

The 1996 CARP Arbitration List

Howard B. Abrams, Esq.--American Arbitration Association
Miles J. Alexander, Esq.--Center for Public Resources Inc.
Richard Bennett, Esq.--American Arbitration Association
The Honorable John W. Cooley--JAMS/Endispute
Robert A. Creo, Esq.--JAMS/Endispute
Joel Davidow, Esq.--American Arbitration Association
Edward Dreyfus, Esq.--American Arbitration Association
Corydon B. Dunham, Esq.--American Arbitration Association
The Honorable Lenore G. Ehrig--American Arbitration Association & 
Judicate, Inc.
The Honorable Jesse Etelson--Judicate, Inc.
John B. Farmakides, Esq.--American Arbitration Association
The Honorable Thomas A. Fortkort--Center for Litigation Alternatives
Richard G. Green, Esq.--American Arbitration Association
Joseph A. Greenwald, Esq.--American Arbitration Association
The Honorable Lewis Hall Griffith--Center for Litigation Alternatives
The Honorable Jeffrey S. Gulin, Esq.--Judicate, Inc.
Professor Hugh C. Hansen--Center for Litigation Alternatives
David C. Hilliard, Esq.--Center for Public Resources, Inc.
The Honorable Mel R. Jiganti--JAMS/Endispute
The Honorable William B. Lawless--``Judge-Net''
Michael K. Lewis, Esq.--Center for Public Resources, Inc.
The Honorable Reuben Lozner--Judicate
Steve A. Mains, Esq.--JAMS/Endispute
The Honorable H. Curtis Meanor--Center for Public Resources, Inc.
The Honorable James R. Miller--JAMS/Endispute
Charles B. Molineaux, Esq.--American Arbitration Association
The Honorable Timothy Murphy--Center for Litigation Alternatives
The Honorable Sharon T. Nelson--American Arbitration Association & 
Judicate
David W. Plant, Esq.--American Arbitration Association
The Honorable Kathleen A. Roberts--JAMS/Endispute
Peter Carey Schaumber, Esq.--American Arbitration Association
The Honorable Herbert Silberman--Judicate
Linda R. Singer, Esq.--Center for Public Resources, Inc.
John M. Townsend, Esq.--American Arbitration Association
The Honorable Ronald P. Wertheim--JAMS/Endispute & Judicate, Inc.
Bruce Zagaris, Esq.--American Arbitration Association

    Dated: February 7, 1996.
Marilyn J. Kretsinger,
Acting General Counsel.
[FR Doc. 96-2993 Filed 2-9-96; 8:45 am]
BILLING CODE 1410-33-P