ACEMLA v. COPYRIGHT ROYALTY TRIBUNAL

No. 687, Docket 84-4136.

763 F.2d 101 (1985)

ACEMLA, Latin American Music and Latin American Music Inc., Petitioner, v. COPYRIGHT ROYALTY TRIBUNAL, Respondent. American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided May 30, 1985.

As Amended June 11, 1985.


Attorney(s) appearing for the Case

Mark W. Pennak, Appellate Staff Atty., Civ. Div., Dept. of Justice, Washington, D.C. (William Kanter, Appellate Staff Atty., Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., of counsel), for respondent Copyright Royalty Tribunal.

Jose Luis Torres, New York City (Torres & Leonard, P.C., New York City, of counsel), for petitioners.

I. Fred Koenigsberg, New York City, for intervenors American Soc. of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.

Bernard Korman, New York City, for American Soc. of Composers, Authors and Publishers.

Edward W. Chapin, New York City, for Broadcast Music, Inc.

Nicholas Arcomano, New York City, for SESAC, Inc.

Before VAN GRAAFEILAND, WINTER and PRATT, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

This is the tale of a bureaucratic Garden of Eden*. In 1977 congress created a new governmental paradise, called Compulsory Royalty Fees, and placed in it the Copyright Royalty Tribunal (CRT) to collect the fees and distribute them among those who might be entitled to them. Blessed with all the authority and discretion any governmental agency could ask for, the CRT was even granted the power to determine...

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