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BEETHOVEN.COM LLC v. LIBRARIAN OF CONGRESS

Nos. 02-1244, 02-1247, 02-1249, 02-1246, 02-1248.

394 F.3d 939 (2005)

BEETHOVEN.COM LLC., et al., Petitioners v. LIBRARIAN OF CONGRESS, Respondent American Federation of Television and Radio Artists, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2005.

As Amended February 4, 2005.

Attorney(s) appearing for the Case

Bruce G. Joseph argued the cause for Participant Licensee petitioners. With him on the briefs were Karyn K. Ablin, Dineen P. Wasylik, and Elizabeth H. Rader.

Elizabeth H. Rader and David Kushner argued the cause for Non-Participant petitioners/intervenors. With them on the briefs was Mark J. Prak.

Michele J. Woods argued the cause for Copyright Owners/Performers petitioners. With her on the briefs were Ronald A. Schechter, Patricia Polach, Arthur Levine, and Laura P. Masurovsky. Cary H. Sherman and Robert A. Garrett entered appearances.

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

Before: SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

Three groups of Petitioners seek review of a final rule issued by Respondent Librarian of Congress ("Librarian"), setting copyright license rates for webcasters. See Determination of Reasonable Rates and Terms for the Digital Performance of Sound Recordings and Ephemeral Recordings, 67 Fed. Reg. 45,240 (July 8, 2002) ("Final Rule"). The Librarian's decision was based on...

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