MUSIC CHOICE v. COPYRIGHT ROYALTY BD.

No. 19-1011.

970 F.3d 418 (2020)

MUSIC CHOICE, Appellant v. COPYRIGHT ROYALTY BOARD, et al., Appellees SoundExchange, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2020.


Attorney(s) appearing for the Case

Paul M. Fakler , New York, NY, argued the cause for appellant. With him on the briefs was Kelsi Brown Corkran , Washington, DC. Margaret Wheeler-Frothingham , New York, NY, entered an appearance.

Jennifer L. Utrecht , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Daniel Tenny , Attorney. Mark R. Freeman , Attorney, entered an appearance.

Matthew S. Hellman argued the cause for intervenor. With him on the brief were David A. Handzo , Emily L. Chapuis , and Devi M. Rao , Washington, DC.

Before: Srinivasan, Chief Judge, Rao, Circuit Judge, and Silberman, Senior Circuit Judge.


The case raises the question of what copyright royalty rate must be paid by Music Choice for transmissions of digital music over the internet. Pursuant to the Digital Millennium Copyright Act ("DMCA"), a lower grandfathered royalty rate is paid by some music services that were early providers of digital music transmissions. Music...

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