BONNEVILLE INTERNATIONAL CORPORATION; Cox Radio, Inc.; Emmis Communications Corporation; Entercom Communications Corp.; Infinity Broadcasting Corporation; Susquehana Radio Corp.; National Association of Broadcasters; Clear Channel Communications, Inc.
v.
Marybeth PETERS, In Her Official Capacity As Register of Copyrights for The United States Copyright Office At The Library of Congress
Recording Industry Association of America, Inc., Intervenor in D.C.
Bonneville International Corporation, Clear Channel Communications, Inc., Cox Radio, Inc., Emmis Communications Corporation, Entercom Communications Corp., Susquehanna Radio Corp., and National Association of Broadcasters, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued December 2, 2002.
Opinion Filed October 17, 2003.
Attorney(s) appearing for the Case
Mark A. Jacoby, R. Bruce Rich (Argued), Caroline R. Clark, Weil, Gotshal & Manges, New York, NY, Marguerite S. Walsh, Andrew W. Allison, Littler, Mendelson Law Office, Philadelphia, PA, for Appellants.
David O. Carson, General Counsel, Tanya M. Sandros, Senior Attorney, United States Copyright Office, Library of Congress, Washington, DC, Scott R. McIntosh (Argued), Mark B. Stern, Attorney, Appellate Staff, Robert D. McCallum, Jr., Assistant Attorney General, Patrick L. Meehan, United States Attorney, United States Department of Justice, Civil Division, Washington, DC, Cary H. Sherman, Steven M. Marks, Gary R. Greenstein, Susan C. Munsat, Recording Industry, Association of America, Inc., Washington, DE, Robert A. Garrett, Ronald A. Schechter, (Argued), Jule L. Sigall, Ellen Wasilausky, Arnold & Porter, Washington, DC, Vincent V. Carissimi, Pepper Hamilton, Philadelphia, PA, for Appellees.
Before: ROTH, SMITH, and CUDAHY, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
CUDAHY, Circuit Judge.
Plaintiffs appeal from a grant of summary judgment. The district court found that the Copyright Office's rulemaking with respect to the Internet "streaming" of AM/FM radio broadcast programming was entitled to deference. The plaintiffs argue that the exclusion from copyright protection for "nonsubscription broadcast transmissions" of recorded music is unambiguously intended...
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