Appellate ruling won't affect most webcast royalty rates, but non-comm $500 minimum fee remanded to CRB

Posted by

Issue Date: 
Jul 6 2012 - 11:20am

From Issue:

The U.S. Court of Appeals has found that the judges that determined webcasting royalty rates were appointed unconstitutionally -- but also immediately rectified that by striking part of the statute.

The Copyright Royalty Board is the panel of judges, appointed by the Librarian of Congress, that sets the default royalty rates for Internet radio's use of copyright recordings. Intercollegiate Broadcasting Services, which represents educational institution-based broadcasters and webcasters, appealed the CRB's final royalty determination for 2011-2015 (specifically, the $500 annual minimum royalty fee) (prior coverage here). As part of its appeal, the IBS argued the Librarian's appointment of the judges violated the Appointments Clause of the Constitution, and thus its determinations null and void.

In its just-released decision in that case, the Court agreed with IBS that the CRB appointments were indeed unconstitutional. However, that problem was solved by the Court by simply striking the language of the statute that limited the Librarian's ability to remove judges without cause -- thereby satisfying the Appointments Clause.

What's this mean for webcasters and royalty rates? Apparently, not much. The vast majority of webcast services operate not under the actual CRB-determined compulsory, but under agreements reached between SoundExchange and various groups of webcasters, published in the Federal Register. These agreements remain in effect.

However, the $500 minimum fee argued against by IBS has been remanded back to the (now-Constitutionally-appointed) CRB for review.

We're looking for more clarification on this story from authoritative sources, and will follow up as warranted. Read the decision itself here.

Comments

Check Cashing

Awesome web page regarding it question, I have been previously in recent times into your web page once or twice at this time. I simply would definitely tell you which usually and additionally express Check Cashing regards for those knowledge delivered.

default royalty rates for

default royalty rates for Internet radio's use of copyright recording in thanks

appointed by the Librarian of

appointed by the Librarian of Congress, that sets the default royalty rates for Internet radio's use of copyright recordings in thanks

Appeals has found that the

Appeals has found that the judges that determined webcasting royalty rates were appointed unconstitutionally -- but also immediately rectified that by striking part of the statut in thamks

tahir abbas plagiarism

best part of this post is the language of the statute that limited the Librarian's ability to remove judges without cause
thanks
Regards
Emily.Bronte
tahir abbas plagiarism

There is definitely so much

There is definitely so much that is going with this case here. So much changes were made with all of this

Nice blog.. I like it

Nice blog.. I like it

excellent. one of the best

excellent. one of the best articles I have every read. Ecopolitan Executive Condo Tembusu Vue 8 inflora condo inflora keep it up !

Great post and a really good

Great post and a really good blog. Thank you so much for your efforts to put this amazing source of useful information together. Keep the great work up! viagra

There is definitely so much

There is definitely so much that is going with this case here. So much changes were made with all of this. Unsure what the future will bring with this. home improvement blog

I have read your post and I

I have read your post and I am waiting for another interesting post. Please update useful information on your blog. online flower shop

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.

More information about formatting options

By submitting this form, you accept the Mollom privacy policy.