NATIONAL CABLE TELEVISION ASSOCIATION, Petitioner,
v.
COPYRIGHT ROYALTY TRIBUNAL, Respondent, American Society of Composers, et al., Intervenors.
AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, et al., Petitioners,
v.
COPYRIGHT ROYALTY TRIBUNAL, Respondent, National Cable Television Association, Petitioner.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 21, 1981.
Decided September 10, 1982.
Attorney(s) appearing for the Case
Stuart F. Feldstein, with whom Brenda L. Fox and Robert St. John Roper, Washington, D. C., on brief, for Nat. Cable Television Ass'n petitioner in No. 81-1005 and intervenor in No. 81-1081.
Arthur Scheiner with whom John H. Vetne and James J. Popham and Frederick E. Attaway, Washington, D. C. were on the brief for American Society of Composers, et al., petitioners in No. 81-1081 and intervenors in No. 81-1005. Phillip H. Hochberg, Robert A. Garrett and David H. Lloyd, Washington, D. C., also entered appearances for American Society of Composers, et al.
Howard Scher, Atty., Dept. of Justice with whom Charles F. C. Ruff, U. S. Atty. and William Kanter, Atty., Dept. of Justice, Washington, D. C., on brief, for respondent. Mary A. McReynolds, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondent.
Before ROBINSON, Chief Judge, BAZELON, Senior Circuit Judge, and WRIGHT, Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge BAZELON.
BAZELON, Senior Circuit Judge:
Under the Copyright Act of 1976,1 the creators of programming carried initially by television broadcasters must, on request, grant cable television systems permission to retransmit the material.2 In exchange for this "compulsory license," cable operators must pay royalty fees which are distributed by the Copyright...
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