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INTERCOLLEGIATE BROADCASTING v. COPYRIGHT ROYALTY

No. 11-1083.

684 F.3d 1332 (2012)

INTERCOLLEGIATE BROADCASTING SYSTEM, INC., a Rhode Island Non-Profit Corporation, Appellant v. COPYRIGHT ROYALTY BOARD and Library of Congress, Appellees College Broadcasters, Inc. and SoundExchange, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2012.

Attorney(s) appearing for the Case

Christopher J. Wright argued the cause for appellant. With him on the briefs were Timothy J. Simeone and William Malone.

Kelsi Brown Corkran, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Tony West, Assistant U.S. Attorney General, and Scott R. McIntosh, Attorney.

Michael B. DeSanctis argued the cause for intervenor SoundExchange, Inc. in support of appellees. With him on the brief were David A. Handzo, William M. Hohengarten, and Garrett A. Levin.

Catherine R. Gellis was on the brief for intervenor College Broadcasters, Inc. in support of appellee.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Intercollegiate Broadcasting, Inc. appeals a final determination of the Copyright Royalty Judges ("CRJs" or "Judges") setting the default royalty rates and terms applicable to internet-based "webcasting" of digitally recorded music. We find we need not address Intercollegiate's argument that Congress's grant of power to the CRJs is void because the provision for judicial review gives us legislative or administrative powers that may...

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