If, during the 14–day period of a discretionary referral of a material question of
law under § 354.1, the Register of Copyrights determines that the question is a “novel” one within
the meaning of § 354.2(a), the Register may notify the Copyright Royalty Judges of that determination. The Copyright Royalty Judges will be bound by such a determination by the Register
of Copyrights and will regard the Register's decision as timely delivered if it is
received within the 30–day period applicable to novel question referrals.
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