PART 303—GENERAL ADMINISTRATIVE PROVISIONS Authority: 17 U.S.C. 803. Source: 84 FR 32304, July 8, 2019, unless otherwise noted. § 303.1 [Reserved] § 303.2 Representation. Individual parties in proceedings before the Judges may represent themselves or be represented by an attorney. All other parties must be represented by an attorney. Cf. Rule 49(c)(11) of the Rules of the District of Columbia Court of Appeals. The appearance of an attorney on behalf of any party constitutes a representation that the attorney is a member of the bar, in one or more states, in good standing. § 303.3 Documents: Format and length. (a) Format Caption and description. e.g., (2) Page layout. e.g., 1/2 1/2 (3) Binding or securing. (b) Additional format requirements for electronic documents In general. (2) Pleadings; file type. (3) Proposed orders; file type. (4) Exhibits and attachments; file types. 1/2 (5) No scanned pleadings. (6) Scanned exhibits. (7) Bookmarks. (8) Page rotation. (9) Signature. (10) File size. (c) Length of submissions. (1) Motions. (2) Responses. (3) Replies. § 303.4 Content of motion and responsive pleadings. A motion, responsive pleading, or reply must, at a minimum, state concisely the specific relief the party seeks from the Copyright Royalty Judges, and the legal, factual, and evidentiary basis for granting that relief (or denying the relief sought by the moving party). A motion, or a responsive pleading that seeks alternative relief, must be accompanied by a proposed order. § 303.5 Electronic filing system (eCRB). (a) Documents to be filed by electronic means. (b) Official record. (c) Obtaining an electronic filing password Attorneys. (2) Attorney designees. (3) Pro se parties. (4) Claimants. (d) Use of an eCRB password. (e) Signature. (f) Originals of sworn documents. (g) Consent to delivery by electronic means. (h) Accuracy of docket entry. www.loc.gov/crb (i) Documents subject to a protective order. (j) Exceptions to requirement of electronic filing Certain exhibits or attachments. (2) Pro se parties. (k) Privacy requirements. (i) Social Security numbers. (ii) Names of minor children. (iii) Dates of birth. (iv) Financial account numbers. (2) Protection of personally identifiable information. If any information identified in paragraph (k)(1) of this section must be included in a filed document, the filing party must treat it as confidential information subject to the applicable protective order. In addition, parties may treat as confidential, and subject to the applicable protective order, other personal information that is not material to the proceeding. (l) Incorrectly filed documents. (2) If an attorney or a pro se party who has been issued an eCRB password inadvertently presents a document for filing in paper form, the Copyright Royalty Board may direct that person to file the document electronically. The document will be deemed filed on the date it was first presented for filing if, no later than the next business day after being so directed by the Copyright Royalty Board, the attorney or pro se participant files the document electronically. If the filer fails to make the electronic filing on the next business day, the document will be deemed filed on the date of the electronic filing. (m) Technical difficulties. (2) If a filer is unable, due to technical problems, to make a filing with eCRB by an applicable deadline, and makes the notification required by paragraph (m)(1) of this section, the filer shall use electronic mail to make the filing with the Copyright Royalty Board and deliver the filing to the other parties to the proceeding. The filing shall be considered to have been made at the time it was filed by electronic mail. The Copyright Royalty Judges may direct the filer to refile the document through eCRB when the technical problem has been resolved, but the document shall retain its original filing date. (3) The inability to complete an electronic filing because of technical problems arising in the eCRB system may constitute “good cause” (as used in § 303.6(b)(4)) for an order enlarging time or excusable neglect for the failure to act within the specified time, provided the filer complies with paragraph (m)(1) of this section. This section does not provide authority to extend statutory time limits. [86 FR 9462, Feb. 16, 2021] § 303.6 Filing and delivery. (a) Filing of pleadings Electronic filing through eCRB. (2) All other filings. (b) Exhibits. See (c) English language translations. (d) Affidavits. See (e) Subscription Parties represented by counsel. See (i) The document is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (ii) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (iii) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) The denials of factual contentions are warranted by the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. (2) Parties representing themselves. (f) Responses and replies. (g) Participant list. (h) Delivery method and proof of delivery Electronic filings through eCRB. (2) Other filings. § 303.7 Time. (a) Computation. (1) Exclude the day of the act, event, or default that begins the period. (2) Exclude intermediate Saturdays, Sundays, and Federal holidays when the period is less than 11 days, unless computation of the due date is stated in calendar days. (3) Include the last day of the period, unless it is a Saturday, Sunday, Federal holiday, or a day on which the weather or other conditions render the Copyright Royalty Board's office inaccessible. (4) As used in this rule, “Federal holiday” means the date designated for the observance of New Year's Day, Inauguration Day, Birthday of Martin Luther King, Jr., George Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day declared a Federal holiday by the President or the Congress. (5) Except as otherwise described in this Chapter or in an order by the Copyright Royalty Judges, the Copyright Royalty Board will consider documents to be timely filed only if: (i) They are filed electronically through eCRB and time-stamped by 11:59:59 p.m. Eastern time on the due date; (ii) They are sent by U.S. mail, are addressed in accordance with § 301.2(a) of this chapter, have sufficient postage, and bear a USPS postmark on or before the due date; (iii) They are hand-delivered by private party to the Copyright Office Public Information Office in accordance with § 301.2(b) of this chapter and received by 5:00 p.m. Eastern time on the due date; or (iv) They are hand-delivered by commercial courier to the Congressional Courier Acceptance Site in accordance with § 301.2(c) of this chapter and received by 4:00 p.m. Eastern time on the due date. (6) Any document sent by mail and dated only with a business postal meter will be considered filed on the date it is actually received by the Library of Congress. (b) Extensions. (1) The date on which the action or submission is due; (2) The length of the extension sought; (3) The date on which the action or submission would be due if the extension were allowed; (4) The reason or reasons why there is good cause for the delay; (5) The justification for the amount of additional time being sought; and (6) The attempts that have been made to obtain consent from the other parties to the proceeding and the position of the other parties on the motion. § 303.8 Construction and waiver. The regulations of the Copyright Royalty Judges in this chapter are intended to provide efficient and just administrative proceedings and will be construed to advance these purposes. For purposes of an individual proceeding, the provisions of subchapters A and B may be suspended or waived, in whole or in part, upon a showing of good cause, to the extent allowable by law.