MOTION PICTURE ASS'N OF AMERICA, INC. v. OMAN

No. 91-5005.

969 F.2d 1154 (1992)

MOTION PICTURE ASSOCIATION OF AMERICA, INC., Appellant, v. Ralph OMAN, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 1992.


Attorney(s) appearing for the Case

Dennis Lane, with whom Richard M. Cooper and Robert J. Shaughnessy, Washington, D.C., were on the brief, for appellant. Arthur Scheiner, Washington, D.C., also entered an appearance, for appellant.

Fred E. Haynes, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., and Dorothy Schrader, Gen. Counsel, and William J. Roberts, Sr. Atty., U.S. Copyright Office, Washington, D.C., were on the brief, for appellee Ralph Oman.

Stuart F. Feldstein, with whom Michael S. Schooler and Loretta P. Polk, Washington, D.C., were on the brief, for appellee National Cable Television Ass'n, Inc., Brenda Lee Fox and Seth A. Davidson, Washington, D.C., also entered appearances, for appellee.

Before: BUCKLEY, SENTELLE, and RANDOLPH, Circuit Judges.


Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Motion Picture Association of America (MPAA) asked the Copyright Office to engage in a retroactive rulemaking. The Office promulgated the requested regulation, but refused to apply it retroactively. On MPAA's complaint, the district court found in favor of the Office for a very basic reason. In adjudication, retroactivity is the norm; in legislation it is the exception. In...

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