SOUNDEXCHANGE, INC. v. COPYRIGHT ROYALTY BD.

No. 16-1159 Consolidated with 16-1162.

904 F.3d 41 (2018)

SOUNDEXCHANGE, INC., Appellant v. COPYRIGHT ROYALTY BOARD and Librarian of Congress, Appellees George Johnson, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 2018.


Attorney(s) appearing for the Case

Benjamin J. Horwich , San Francisco, CA, argued the cause for appellant SoundExchange, Inc. With him on the briefs were Glenn D. Pomerantz , Los Angeles, CA, Kelly M. Klaus , San Francisco, CA, and Rose Leda Ehler , Los Angeles, CA.

George D. Johnson, pro se, argued the cause and filed briefs for appellant.

Sonia M. Carson , Attorney, U.S. Department of Justice, argued the cause for appellees. On the brief were Mark R. Freeman and Jennifer L. Utrecht , Attorneys.

Scott H. Angstreich , Washington, DC, argued the cause for intervenors National Association of Broadcasters, et al. With him on the joint brief were Michael K. Kellogg , Washington, DC, John Thorne , Washington, DC, Leslie V. Pope , Washington, DC, R. Bruce Rich , Todd D. Larson , New York, NY, and Gregory S. Silbert , New York, NY.

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

Before: Rogers, Griffith and Srinivasan, Circuit Judges.


This case concerns the rates paid by webcasters to license copyrights in digital sound recordings. Webcasters stream digital sound recordings to listeners over the Internet. A so-called "noninteractive" webcasting service chooses the recordings to play for listeners, whereas an...

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