IBS wants Supreme Court to take up issue of CRB appointments

Wednesday, February 13, 2013 - 12:25pm

Intercollegiate Broadcasting System Inc. (IBS) late last month filed a "petition for writ of certiorari" with the U.S. Supreme Court, arguing it should have been Congress, and not an appeals court, that restructured the law to make CRB judges' appointments constitutional.

The Copyright Royalty Board is the panel of judges that (among other duties) determines the industry "statutory" royalty rate webcasters must pay the owners of copyright sound recordings to peform them publicly.

As news source Law360 reports, IBS is accusing the D.C. Circuit of overstepping its authority when it revised the law to fix issues of the constitutionality of the CRB.

The appeals court in July ruled the Librarian of Congress' appointment of CRB judges violated the U.S. Constitution's appointments clause (see RAIN here), as the law required the judges to be appointed by the president with Senate confirmation. To fix that, the court simply changed language in the law (the Copyright Royalty and Distribution Reform Act) to make CRB judges "inferior officers," which don't require presidential appointment, thus making the Librarian's appointment of the judges constitutional.

IBS, which represents educational and noncommerical broadcasters and webcasters, says the court overstepped its authority by changing the law. The petition also asks the Supreme Court to determine if the newly-revised law is itself constitutional.

Read more in Law360 here.

Judge: Former on-air personalities' webcast does not violate noncompete

Thursday, July 26, 2012 - 12:20pm

Pat DeLuca and Charlotte DiFrancoA judge in Ohio has ruled that a webcast hosted by two former on-air personalities does not violate the noncompete clause in their contracts.

Pat DeLuca and Charlotte DiFranco hosted "The DeLuca Show" on Lexington Township-based Q92 (WDJQ) until early February 2012, when their contracts expired. A few weeks later, the pair launched a similar program online. WDJQ station owner D.A. Peterson Inc. aimed to shut them down, claiming the webcast violated the duo's noncompete clause.

The case went to court in late February. In April, Stark County Common Pleas Judge Charles E. Brown Jr. denied most of Peterson’s requests, including the prohibition of "The DeLuca Show" webcast within 60 miles of WDJQ (RAIN coverage here).

Now Judge Brown has issued a final ruling which allows DeLuca and DiFranco to continue streaming and requires WDJQ to pay them for unused vacation time. "That pretty much ends the case," explained the former on-air personalities' attorney. has more coverage here. You can find "The DeLuca Show" at

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