The Copyright Royalty Board’s legitimacy under the Constitution i...
The Copyright Royalty Board’s legitimacy under the Constitution is safe for now. The U.S. District Court for the District of Columbia denied a motion by Live365 to halt the next webcasting rate proceeding. The company had challenged the murky…
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legal authority used to set up the board (CD Sept 2 p8). The order by Judge Reggie Walton said Live365 hadn’t shown it deserves the “extraordinary relief of a preliminary injunction.” Walton said he expects to issue within 30 days an opinion “thoroughly outlining” his reasoning. Whether the board’s judges were appointed in accordance with the Constitution’s Appointments Clause was first raised by would-be royalty collector Royalty Logic. The U.S. Court of Appeals for the District of Columbia Circuit declined to rule on that claim, saying Royalty Logic waited too long to raise it in the company’s challenge to the board’s rates. A judge on the appeals court who wasn’t involved in the webcasting challenge has urged his colleagues to consider the constitutional question (CD July 8 p1).