Page:United States Statutes at Large Volume 118.djvu/2380

 118 STAT. 2350 PUBLIC LAW 108–419—NOV. 30, 2004 date on which participants in the proceeding are to file their written direct statements. Notwithstanding the pre ceding sentence, petitioners whose petitions are filed more than 30 days after publication of notice of commencement of a proceeding are not eligible to object to a settlement reached during the voluntary negotiation period under paragraph (3), and any objection filed by such a petitioner shall not be taken into account by the Copyright Royalty Judges. ‘‘(B) PETITIONS TO PARTICIPATE.—Each petition to participate in a proceeding shall describe the petitioner’s interest in the subject matter of the proceeding. Parties with similar interests may file a single petition to partici pate. ‘‘(2) PARTICIPATION IN GENERAL.—Subject to paragraph (4), a person may participate in a proceeding under this chapter, including through the submission of briefs or other information, only if— ‘‘(A) that person has filed a petition to participate in accordance with paragraph (1) (either individually or as a group under paragraph (1)(B)), together with a filing fee of $150; ‘‘(B) the Copyright Royalty Judges have not determined that the petition to participate is facially invalid; and ‘‘(C) the Copyright Royalty Judges have not deter mined, sua sponte or on the motion of another participant in the proceeding, that the person lacks a significant interest in the proceeding. ‘‘(3) VOLUNTARY NEGOTIATION PERIOD.— ‘‘(A) IN GENERAL.—Promptly after the date for filing of petitions to participate in a proceeding, the Copyright Royalty Judges shall make available to all participants in the proceeding a list of such participants and shall initiate a voluntary negotiation period among the partici pants. ‘‘(B) LENGTH OF PROCEEDINGS.—The voluntary negotia tion period initiated under subparagraph (A) shall be 3 months. ‘‘(C) DETERMINATION OF SUBSEQUENT PROCEEDINGS.— At the close of the voluntary negotiation proceedings, the Copyright Royalty Judges shall, if further proceedings under this chapter are necessary, determine whether and to what extent paragraphs (4) and (5) will apply to the parties. ‘‘(4) SMALL CLAIMS PROCEDURE IN DISTRIBUTION PRO CEEDINGS.— ‘‘(A) IN GENERAL.—If, in a proceeding under this chapter to determine the distribution of royalties, the con tested amount of a claim is $10,000 or less, the Copyright Royalty Judges shall decide the controversy on the basis of the filing of the written direct statement by the partici pant, the response by any opposing participant, and 1 additional response by each such party. The participant asserting the claim shall not be required to pay the filing fee under paragraph (2). ‘‘(B) BAD FAITH INFLATION OF CLAIM.—If the Copyright Royalty Judges determine that a participant asserts in Records.

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