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NAT'L ASSOC. OF BROADCASTERS v. LIBR. OF CONGRESS

Nos. 96-1449, 96-1450 and 96-1451.

146 F.3d 907 (1998)

NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner, v. LIBRARIAN OF CONGRESS and Register of Copyrights, Respondents, Canadian Claimants, et al., Intervenors. PROGRAM SUPPLIES, Petitioner, v. LIBRARIAN OF CONGRESS and Register of Copyrights, Respondents, National Association of Broadcasters, Intervenor. DEVOTIONAL CLAIMANTS, Petitioner, v. LIBRARIAN OF CONGRESS and Register of Copyrights, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1998.

Attorney(s) appearing for the Case

John I. Stewart, Jr. argued the cause for petitioner National Association of Broadcasters. Jacqueline E. Davis, Jessica R. Herrera and Henry L. Baumann were on brief.

Barry H. Gottfried argued the cause for petitioner Devotional Claimants. Clifford M. Harrington, John H. Midlen, Jr., George R. Grange, II, Richard M. Campanelli and W. Thad Adams, III, were on brief.

Bruce G. Forrest, Attorney, United States Department of Justice, argued the cause for the respondents. Frank W. Hunger, Assistant Attorney General, and William G. Kanter, Attorney, United States Department of Justice, were on the brief.

Timothy C. Hester argued the cause for intervenors Canadian Claimants, et al. Michele J. Woods, L. Kendall Satterfield and Victor J. Cosentino were on brief.

Ronald A. Schechter argued the cause for amicus curiae Joint Sports Claimants. Robert Alan Garrett, Philip R. Hochberg and Judith Jurin Semo were on brief.

Before: GINSBURG, HENDERSON and RANDOLPH, Circuit Judges.

KAREN LECRAFT HENDERSON, Circuit Judge:

A cable television system must pay royalty fees to the Register of Copyrights (Register) in exchange for the privilege of retransmitting to its subscribers certain copyrighted programming. See 17 U.S.C. § 111(d). The Librarian of Congress (Librarian) then distributes the collected royalties to the copyright owners. Id. § 111(d)(4). In Phase I of the distribution process, royalties are apportioned among...

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