Recently in Intellectual Property Law Category

In a petition for review of a determination of the Copyright Royalty Judges setting rates and terms relating to webcasting, the petition is granted in part, where the Judges failed to explain their minimum fee provision for commercial webcasters; but denied in part, where nothing in the Judges' interpretation of the Copyright Act established unreasonableness.

Read Intercollegiate Sys., Inc. v. Copyright Royalty Bd., No. 07-1123

Appellate Information

Argued March 19, 2009

Decided July 10, 2009

Judges

Per Curiam

Counsel

For Appellants:

Kenneth D. Freundlich, Schleimer & Freundlich LLP

William B. Colitre, Schleimer & Freundlich LLP

For Appellee:

Mark R. Freeman, Attorney, U.S. Department of Justice, Washington, DC

Gregory G. Katsas, Assistant Attorney General, Washington, DC

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