DC Circ. Rules Copyright Board Structure Unconstitutional

Law360, New York (July 6, 2012, 5:22 PM EDT) -- In an unanimous, precedential decision that found the Copyright Royalty Board's structure unconstitutional, the D.C. Circuit on Friday eliminated limitations on terminating judges and vacated the royalty rates the board assessed Intercollegiate Broadcasting System Inc. for music used in webcasts.

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the appointment and retention of judges on the CBR by the librarian of Congress violated the Constitution's appointments clause. The appeal court's three-judge panel found that CRB judges exercise a significant ratemaking authority...
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