NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner,
v.
COPYRIGHT ROYALTY TRIBUNAL, Respondent,
Major League Baseball, et al., Motion Picture Association of America, Inc., Christian Broadcasting Network, Inc., Broadcast Music, Inc., Superstation, Inc., National Public Radio, Public Broadcasting Service, National Collegiate Athletic Association, Intervenors.
NATIONAL PUBLIC RADIO, Petitioner,
v.
COPYRIGHT ROYALTY TRIBUNAL, Respondent,
Major League Baseball, et al., Motion Picture Association of America, Inc., Christian Broadcasting Network, Inc., Broadcast Music, Inc., National Association of Broadcasters, Superstation, Inc., Public Broadcasting Service, National Collegiate Athletic Association, Intervenors.
MAJOR LEAGUE BASEBALL, National Basketball Association, National Hockey League, and North American Soccer League, Petitioners,
v.
COPYRIGHT ROYALTY TRIBUNAL and the United States of America, Respondents,
Motion Picture Association of America, Inc., Christian Broadcasting Network, Inc., Broadcast Music, Inc., National Association of Broadcasters, Superstation, Inc., National Public Radio, Public Broadcasting Service, National Collegiate Athletic Association, Intervenors.
CANADIAN BROADCASTING CORPORATION, Petitioner,
v.
COPYRIGHT ROYALTY TRIBUNAL, Respondent,
Christian Broadcasting Network, Inc., Major League Baseball, et al., Broadcast Music, Inc., National Association of Broadcasters, Superstation, Inc., National Public Radio, Public Broadcasting Service, National Collegiate Athletic Association, Intervenors.
AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Petitioner,
v.
COPYRIGHT ROYALTY TRIBUNAL, Respondent,
Christian Broadcasting Network, Inc., Major League Baseball, National Association of Broadcasters, Broadcast Music, Inc., Superstation, Inc., National Public Radio, Public Broadcasting Service, et al., National Collegiate Athletic Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 30, 1981.
Decided April 9, 1982.
Attorney(s) appearing for the Case
Carleton G. Eldridge, Jr., New York City, with whom Erwin G. Krasnow and James J. Popham, Washington, D. C., were on the brief, for National Association of Broadcasters, petitioner in No. 80-2273 and intervenor in Nos. 80-2281, 80-2284, 80-2290 and 80-2298. Sherman E. Katz, Washington, D. C., also entered an appearance for National Association of Broadcasters.
David H. Lloyd, Washington, D. C., with whom James F. Fitzpatrick, Robert Alan Garrett, Vicki J. Divoll and Philip R. Hochberg, Washington, D. C., were on the brief, for Major League Baseball, et al., petitioners in No. 80-2284 and intervenors in Nos. 80-2273, 80-2281, 80-2290 and 80-2298.
Jamie S. Gorelick, Washington, D. C., with whom Nathan Lewin, David O. Stewart, Ernest T. Sanchez, Marc F. G. Giattini and Janice F. Hill, Washington, D. C., were on the brief, for National Public Radio, petitioner in No. 80-2281 and intervenor in Nos. 80-2273, 80-2284, 80-2290 and 80-2298.
Susan C. Lushing, New York City, with whom Malcolm A. Hoffman, New York City, was on the brief, for Canadian Broadcasting Corporation, petitioner in No. 80-2290.
Fred I. Koenigsberg, New York City, with whom Bernard Korman and Benjamin L. Zelenko, New York City, were on the brief, for American Society of Composers, Authors and Publishers, petitioner in No. 80-2298.
John F. Cordes, Atty., Dept. of Justice, Washington, D. C., with whom Thomas S. Martin, Acting Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent.
Arthur Scheiner, Washington, D. C., with whom Dennis Lane, Washington, D. C., was on the brief, for Motion Picture Association of America, Inc., intervenor in Nos. 80-2273, 80-2281 and 80-2284.
Charles T. Duncan, Washington, D. C., with whom Joel S. Winnik and Michael W. Faber, Washington, D. C., were on the brief, for Broadcast Music, Inc., intervenor in Nos. 80-2273, 80-2281, 80-2284, 80-2290 and 80-2298.
Judith Jurin Semo, Washington, D. C., was on the brief for National Collegiate Athletic Association, intervenor in Nos. 80-2273, 80-2281, 80-2284, 80-2290 and 80-2298.
Grover C. Cooper and Clifford M. Harrington, Washington, D. C., entered appearances for Christian Broadcasting Network, Inc., intervenor in Nos. 80-2273, 80-2281, 80-2284, 80-2290 and 80-2298.
Robert F. Corazzini and Peter H. Feinberg, Washington, D. C., entered appearances for Superstation, Inc., intervenor in Nos. 80-2273, 80-2281, 80-2284, 80-2290 and 80-2298.
Gene A. Bechtel, Theodore D. Frank, Eric H. Smith and Jacqueline Weiss, Washington, D. C., entered appearances for Public Broadcasting Service, intervenor in Nos. 80-2273, 80-2281, 80-2284, 80-2290 and 80-2298.
Before J. EDWARD LUMBARD, Senior Circuit Judge, MacKINNON and MIKVA, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
These consolidated cases present various challenges to the first distribution of cable royalty fees under the 1976 Copyright Act, 17 U.S.C. § 101 et seq. (Supp. III 1979) (the Act). Respondent is a governmental agency, the Copyright Royalty Tribunal (Tribunal), whose function is to make an annual distribution of royalty fees paid...
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