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JOHNSON v. COPYRIGHT ROYALTY BD.

No. 19-1028 Consolidated with 19-1058, 19-1059, 19-1060, 19-1061, 19-1062.

969 F.3d 363 (2020)

George JOHNSON, Appellant v. COPYRIGHT ROYALTY BOARD and Librarian of Congress, Appellees Nashville Songwriters Association International, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 2020.

Attorney(s) appearing for the Case

Andrew J. Pincus and Scott H. Angstreich , Washington, DC, argued the causes for appellants Amazon Digital Services LLC, Google LLC, Pandora Media, LLC, and Spotify USA Inc. With them on the briefs were Benjamin E. Marks , Gregory Silbert , Aaron J. Curtis , Kenneth L. Steinthal , Jeffrey S. Bucholtz , Washington, DC, Jason Blake Cunningham , Leslie V. Pope , Washington, DC and A. John P. Mancini .

Harold Feld , Washington, DC, was on the brief for amicus curiae Public Knowledge in support of appellants Amazon Digital Services LLC, Google LLC, Pandora Media, LLC, and Spotify USA Inc.

Kannon K. Shanmugam , Washington, DC, argued the cause for appellants National Music Publishers' Association and Nashville Songwriters Association International. With him on the briefs were William T. Marks , Washington, DC, Benjamin E. Moskowitz , Donald S. Zakarin , Frank P. Scibilia , Benjamin K. Semel , and Aaron J. Marks .

George Johnson, appellant appearing pro se, argued the cause and filed the briefs on his own behalf.

Jennifer L. Utrecht , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Joseph H. Hunt , Assistant Attorney General at the time the brief was filed, and Daniel Tenny , Attorney. Mark R. Freeman , Attorney, entered an appearance.

Jacqueline C. Charlesworth was on the brief for amici curiae Songwriters of North America, et al. in support of appellees and affirmance.

Kannon K. Shanmugam argued the cause for intervenors National Music Publishers' Association and Nashville Songwriters Association International. With him on the briefs were William T. Marks , Benjamin E. Moskowitz , Donald S. Zakarin , Frank P. Scibilia , Benjamin K. Semel , and Aaron J. Marks .

Andrew J. Pincus , Washington, DC, argued the cause for intervenors Amazon Digital Services LLC, Google LLC, Pandora Media, LLC, and Spotify USA Inc. With him on the briefs were Benjamin E. Marks , Gregory Silbert , Aaron J. Curtis , Kenneth L. Steinthal , Jeffrey S. Bucholtz , Washington, DC, Jason Blake Cunningham , Leslie V. Pope , and A. John P. Mancini .

Harold Feld , Washington, DC, was on the brief for amicus curiae Public Knowledge in support of intervenors Amazon Digital Services LLC, Google LLC, Pandora Media, LLC, and Spotify USA Inc.

Before: Henderson, Garland, and Millett, Circuit Judges.

The Copyright Act requires the Copyright Royalty Board to undertake, every five years, the difficult task of setting the copyright royalty rates for the rights to reproduce and distribute musical works. See 17 U.S.C. § 115 (2012). These consolidated appeals deal with...

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