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.
Argued March 24, 2009
Decided July 7, 2009
Opinion by Judge Ginsburg
Concurrence by Judge Kavanaugh
Mark D. Schneider, Jenner & Block LLP, Washington, DC
Sarang Vijay Damle, Attorney, U.S. Department of Justice, Washington, DC