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RECORDING INDUSTRY ASS'N v. LIBRARIAN OF CONGRESS

No. 98-1263.

176 F.3d 528 (1999)

RECORDING INDUSTRY ASSOCIATION OF AMERICA, Petitioner, v. LIBRARIAN OF CONGRESS, Respondent. Digital Cable Radio Associates, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 1999.

Attorney(s) appearing for the Case

Robert A. Garrett argued the cause for petitioner. With him on the briefs was Cary H. Sherman. Eric A. Rubel entered an appearance.

Mark W. Pennak, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Frank W. Hunger, Assistant Attorney General, and William Kanter, Deputy Director.

Bruce D. Sokler, Fernando R. Laguarda, Joni Lupovitz and Jon L. Praed were on the brief for intervenors.

Before: EDWARDS, Chief Judge, SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Under § 114(f) of the Copyright Act ("Act"), 17 U.S.C. §§ 101-1332, the Librarian of Congress is charged with establishing the rates and terms for compulsory licenses of certain subscription transmissions of digital audio music. In this first-ever proceeding under § 114, the Librarian determined that three music services subject to the terms of the...

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