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MUSIC CHOICE v. COPYRIGHT ROYALTY BD.

Nos. 13-1174, 13-1183.

774 F.3d 1000 (2014)

MUSIC CHOICE, Appellant v. COPYRIGHT ROYALTY BOARD, Appellee. Sirius XM Radio Inc. and Soundexchange, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2014.

Attorney(s) appearing for the Case

Matthew S. Hellman argued the cause for appellant SoundExchange, Inc. With him on the briefs were David A. Handzo , Michael B. DeSanctis , and Erica L. Ross.

Paul M. Fakler argued the cause for appellant Music Choice. With him on the briefs was Martin F. Cunniff.

Sonia K. McNeil , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, and Mark R. Freeman , Attorney. Scott R. McIntosh , Attorney, entered an appearance.

Todd D. Larson argued the cause for intervenor Sirius XM Radio Inc. With him on the brief was R. Bruce Rich.

Paul M. Fakler and Martin F. Cunniff were on the brief for intervenor Music Choice in support of appellee.

Matthew S. Hellman , David A. Handzo , Michael B. DeSanctis , and Erica L. Ross were on the brief for intervenor SoundExchange, Inc. in support of appellee.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

In 2013, the Judges of the Copyright Royalty Board issued a determination setting royalty rates and defining terms for statutorily defined satellite digital audio radio services (SDARS) and preexisting subscription services (PSS). SoundExchange, an organization that collects and distributes royalties to copyright...

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