United States DC Circuit

In a challenge to the copyright license rates for webcasters, 1) plaintiffs' attempt to intervene in the case is denied where they lack standing and seek to intervene only to impermissibly raise new issues, and 2) the Librarian's royalty rates are affirmed.

Appellate Information

• Argued 10/13/2004
• Decided 01/14/2005
• Published 01/14/2005

Judges

• Before:  SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bruce G. Joseph argued the cause for Participant Licensee petitioners.   With him on the briefs were Karyn K. Ablin, Dineen P. Wasylik, and Elizabeth H. Rader., Elizabeth H. Rader and David Kushner argued the cause for Non-Participant petitioners/intervenors.   With them on the briefs was Mark J. Prak., Michele J. Woods argued the cause for Copyright Owners/Performers petitioners.   With her on the briefs were Ronald A. Schechter, Patricia Polach, Arthur Levine, and Laura P. Masurovsky.  Cary H. Sherman and Robert A. Garrett entered appearances.


• For Appellees:
  
• Mark W. Pennak, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and William Kanter, Deputy Director.