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INTERCOLLEGIATE BROADCAST SYSTEM, INC. v. COPYRIGHT ROYALTY

Nos. 07-1123, 07-1168, 07-1172, 07-1174, 07-1177, 07-1178.

571 F.3d 69 (2009)

INTERCOLLEGIATE BROADCAST SYSTEM, INCORPORATED, a Rhode Island Non-Profit Corporation and Harvard Radio Broadcasting Company, Inc., a Massachusetts Eleemosynary Corporation, Appellants v. COPYRIGHT ROYALTY BOARD, Library Of Congress, Appellee SoundExchange, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2009.

Attorney(s) appearing for the Case

Kenneth D. Freundlich argued the cause for appellant Royalty Logic, LLC. With him on the briefs was William B. Colitre.

Christopher J. Wright and David D. Oxenford argued the causes for appellants Commercial Webcasters and Small Commercial Webcasters. With them on the briefs were Jonathan Massey and Kenneth L. Steinthal. Joseph C. Cavender, Fernando R. Laguarda, and Ronald G. London entered appearances.

Bruce G. Joseph argued the cause for appellants Noncommercial Broadcasters. With him on the briefs were Seth D. Greenstein, Robert S. Schwartz, Karyn K. Ablin, William Malone, James R. Hobson, and Matthew Schettenhelm.

Mark R. Freeman, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the briefs were Gregory G. Katsas, Assistant Attorney General, and Scott R. McIntosh and Sarang Vijay Damle, Attorneys. Anthony A. Yang, Attorney, entered an appearance.

Paul M. Smith argued the cause for intervenor SoundExchange, Inc. With him on the briefs were Thomas J. Perrelli, David A. Handzo, and Craig A. Cowie.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Appellants seek review of a final determination of the Copyright Royalty Judges, setting rates and terms relating to webcasting. See Digital Performance Right in Sound Recordings and Ephemeral Recordings ("Order"), 72 Fed.Reg. 24,084 (May 1, 2007). Webcasting is the process of transmitting sound recordings over the Internet. This case consolidates five separate appeals. A group of "commercial webcaster" appellants led by the Digital Media Association...

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