The Copyright Royalty Judges, acting pursuant to statute, referred a novel material question of substantive law to the Register of Copyrights concerning their authority to subpoena a nonparticipant to appear and give testimony or to produce and permit inspection of documents or tangible things. After considering the arguments offered by participants in the proceeding and third party witnesses and, in light of the statutory language, relevant legislative history, and case law, the Register concluded that the Copyright Royalty Judges do have the authority to subpoena a witness to appear and give testimony or to produce and permit inspection of documents or tangible things even when that witness is not a participant in the proceeding and his or her testimony has not yet been submitted in the proceeding. The Register of Copyrights delivered a Memorandum Opinion outlining the determination to the Copyright Royalty Judges on February 23, 2010. To read the Memorandum Opinion and for further information, go to the Copyright Office website www.copyright.gov. (Read more.)