SoundExchange, Inc. v. Librarian of Congress, No. 08-1078

In a petition for review of the Copyright Royalty Judges' decision setting the royalty rate satellite radio services must pay to copyright owners to use sound recordings during certain years, the petition is granted in part, where there was insufficient evidence to support the rate the agency set for ephemeral copies. Petition is denied in part, however, where the agency was under no obligation to choose a rate derived from a market-based approach.

Read SoundExchange, Inc. v. Librarian of Congress, No. 08-1078

Appellate Information

Argued March 24, 2009

Decided July 7, 2009

Judges

Opinion by Judge Ginsburg

Concurrence by Judge Kavanaugh

Counsel

For Petitioner:

David A. Handzo, Jenner & Block LLP, Washington, DC

Mark D. Schneider, Jenner & Block LLP, Washington, DC

For Respondent:

Sarang Vijay Damle, Attorney, U.S. Department of Justice, Washington, DC