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ASOCIACION de COMPOSITORES v. COPYRIGHT ROY. TRIB.

No. 1114, Docket 88-4005.

851 F.2d 39 (1988)

ASOCIACION de COMPOSITORES y EDITORES de MUSICA LATINOAMERICANA and Italian Book Corporation, Petitioners, 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 June 23, 1988.

Attorney(s) appearing for the Case

Lawrence J. Bernard, Jr., Washington, D.C. (Ward & Mendelsohn, P.C., of counsel), for petitioners.

I. Fred Koenigsberg, New York City (Bernard Korman, Bennett M. Lincoff, for American Soc. of Composers, Authors and Publishers, Edward W. Chapin, Nicholas Arcomano, for Broadcast Music, Inc., Charles T. Duncan, Michael W. Faber, Joseph J. DiMona, Reid & Priest, Washington, D.C., for Broadcast Music, Inc., John Koshel, Laurie Hughes, Steven R. Gordon, for SESAC, Inc., of counsel), for intervenors.

Christine R. Whittaker, Washington, D.C., Dept. of Justice, Appellate Staff, Civ. Div. (John R. Bolton, Asst. Atty. Gen., John F. Cordes, Dept. of Justice, Appellate Staff, Civ. Div., of counsel), for respondent.

Before FEINBERG, Chief Judge, and LUMBARD and MINER, Circuit Judges.

FEINBERG, Chief Judge:

Asociacion de Compositores y Editores de Musica LatinoAmericana ("ACEMLA") and Italian Book Corporation ("IBC") petition for review of a final decision of the United States Copyright Royalty Tribunal ("Tribunal") distributing jukebox royalties for 1985. Specifically, petitioners argue that the Tribunal incorrectly ruled in 1985 that they were not "performing rights societies," as defined by 17 U.S.C. § 116. They also claim that even if...

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