United States DC Circuit

In a petition for review of a determination of the Copyright Royalty Judges setting rates and terms relating to webcasting, the petition is granted in part, where the Judges failed to explain their minimum fee provision for commercial webcasters; but denied in part, where nothing in the Judges' interpretation of the Copyright Act established unreasonableness.

Appellate Information

• Argued 03/19/2009
• Decided 07/10/2009
• Published 07/10/2009

Judges

• Before:  SENTELLE, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kenneth D. Freundlich argued the cause for appellant Royalty Logic, LLC. With him on the briefs was William B. Colitre., Christopher J. Wright and David D. Oxenford argued the causes for appellants Commercial Webcasters and Small Commercial Webcasters.   With them on the briefs were Jonathan Massey and Kenneth L. Steinthal.  Joseph C. Cavender, Fernando R. Laguarda, and Ronald G. London entered appearances., Bruce G. Joseph argued the cause for appellants Noncommercial Broadcasters.   With him on the briefs were Seth D. Greenstein, Robert S. Schwartz, Karyn K. Ablin, William Malone, James R. Hobson, and Matthew Schettenhelm., Paul M. Smith argued the cause for intervenor SoundExchange, Inc. With him on the briefs were Thomas J. Perrelli, David A. Handzo, and Craig A. Cowie.


• For Appellees:
  
• Mark R. Freeman, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the briefs were Gregory G. Katsas, Assistant Attorney General, and Scott R. McIntosh and Sarang Vijay Damle, Attorneys.   Anthony A. Yang, Attorney, entered an appearance.