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SATELLITE BROADCASTING v. OMAN

No. 93-8395.

17 F.3d 344 (1994)

SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION OF AMERICA, et al., Plaintiffs-Appellees, v. Ralph OMAN, in his capacity as Register of Copyrights, and Director of the Copyright Office of the Library of Congress, and the Copyright Office of the Library of Congress and United States of America, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 24, 1994.

Attorney(s) appearing for the Case

Bruce G. Forrest, Civ. Div., U.S. Dept. of Justice, Washington, DC, Sharon Douglas Stokes, Asst. U.S. Atty., Atlanta, GA, for defendants-appellants.

Mark S. Hopson, Carter G. Phillips, Christopher R. Drahozal, Sidley & Austin, Washington, DC, Gary G. Grindler, Daniel P. Griffin, Merrilee A. Gober, Atlanta, GA, for plaintiffs-appellees.

Dennis Lane, Morrison & Hecker, Washington, DC, for amicus Motion Picture Assoc.

Before KRAVITCH and CARNES, Circuit Judges, and HAND, Senior District Judge.

KRAVITCH, Circuit Judge:

This appeal calls upon the court to review the United States Copyright Office's ("Copyright Office") promulgation of regulations which deny satellite broadcasters the right to subscribe to the compulsory licensing scheme set forth at 17 U.S.C. § 111. Based on this court's previous holding in NBC v. Satellite Broadcast Networks, 940 F.2d 1467 (11th Cir.1991) ("SBN"), the district court invalidated...

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