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INDEPENDENT PRODUCERS v. LIBRARIAN OF CONGRESS

Nos. 13-1274, 13-1296.

792 F.3d 132 (2015)

INDEPENDENT PRODUCERS GROUP, Appellant v. LIBRARIAN OF CONGRESS, Register of Copyrights, and Copyright Royalty Board, Appellees Motion Picture Association of America, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2015.

Attorney(s) appearing for the Case

Brian D. Boydston argued the cause and filed the briefs for appellant Independent Producers Group.

Sonia K. McNeil , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery , Assistant Attorney General at the time the brief was filed, and Mark R. Freeman , Attorney.

Charles G. Curtis, Jr. argued the cause for intervenor-appellees Joint Sports Claimants. Gregory O. Olaniran argued the cause for intervenor-appellees MPAA-Represented Program Suppliers. With them on the joint brief were Robert Alan Garrett and Lucy Holmes Plovnick.

Ronald G. Dove, Jr. , Lindsey L. Tonsager , John I. Stewart, Jr. , Jennifer Burdman , Ann Mace , L. Kendall Satterfield , Victor J. Cosentino , Gregory A. Lewis , and Samuel Mosenkis were on the joint brief for amici curiae Commercial Television Claimants, Public Television Claimants, Music Claimants, Canadian Claimants Group, and National Public Radio in support of appellees.

Brian D. Boydston was on the brief for intervenor Independent Producers Group in support of appellees.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

Under the Copyright Act, cable systems may retransmit over-the-air broadcasts of copyrighted material so long as they pay compulsory royalty fees for using that copyrighted material. The Librarian of Congress supervises the process of collecting, allocating, and distributing those fees. As part of the process, the Copyright...

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