United States DC Circuit

In a petition for review of the Copyright Royalty Judges' decision setting the royalty rate satellite radio services must pay to copyright owners to use sound recordings during certain years, the petition is granted in part, where there was insufficient evidence to support the rate the agency set for ephemeral copies. Petition is denied in part, however, where the agency was under no obligation to choose a rate derived from a market-based approach.

Appellate Information

• Argued 03/24/2009
• Decided 07/07/2009
• Published 07/07/2009

Judges

• Before GINSBURG, HENDERSON and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David A. Handzo argued the cause for appellant.   With him on briefs were Mark D. Schneider and Michael B. DeSanctis., R. Bruce Rich argued the cause and filed the brief for intervenor. Karyn K. Ablin, Bruce G. Joseph, and Michael L. Sturm entered appearances.


• For Appellees:
  
• Sarang Vijay Damle, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, and Scott R. McIntosh and Mark R. Freeman, Attorneys.