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SOUNDEXCHANGE, INC. v. LIBRARIAN OF CONGRESS

No. 08-1078.

571 F.3d 1220 (2009)

SOUNDEXCHANGE, INC., Appellant v. LIBRARIAN OF CONGRESS, Appellee. Sirius XM Radio Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2009.

Attorney(s) appearing for the Case

David A. Handzo argued the cause for appellant. With him on briefs were Mark D. Schneider and Michael B. DeSanctis.

Sarang Vijay Damle, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, and Scott R. McIntosh and Mark R. Freeman, Attorneys.

R. Bruce Rich argued the cause and filed the brief for intervenor. Karyn K. Ablin, Bruce G. Joseph, and Michael L. Sturm entered appearances.

Concurring opinion filed by Circuit Judge KAVANAUGH.

GINSBURG, Circuit Judge:

In 2008 the Copyright Royalty Judges (CRJ) set the royalty rate that satellite radio services must pay to copyright owners for the use of sound recordings during the years 2007-2012. SoundExchange, an organization established to collect and distribute royalties to the copyright owners, appeals the CRJ's determination, arguing it is arbitrary, capricious, and not supported by substantial evidence...

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