Copyright Royalty Judges, Appointments Clause of U.S. Constitution, Copyright Rate-Setting, Library of Congress
Broadcasting System, Inc. v. Copyright Royalty Board, 684 F.3d 1332 (D.C. Circuit July 6, 2012 rehearing en banc denied August 28,
2012). Judicial review of Copyright Royalty
Judges found to be unconstitutional because it impermissibly gave federal
courts legislative powers in violation of Appointments Clause of U.S.
Constitution. The D.C. Circuit
eliminated any restrictions on the Librarian of Congress in removing Copyright
Royalty Judges as unconstitutional.
With these restrictions gone, Copyright Royalty Judges are properly
“inferior officers” of the Library of Congress, subject to the Librarian’s
supervision. Accordingly, judicial
review of determinations once constitutional infirmity is cured would be
appropriate. The D.C. Circuit found
that, despite past references to the Library of Congress as a “congressional
agency,” the Library of Congress is a department of the Executive Branch and
thus had the power to appoint and remove Copyright Royalty Judges. The D.C. Circuit vacated the royalty rate
determination challenged by appellant in and remanded for a new finding.
Purchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here
Wednesday, July 24, 2013
Copyright Law - D.C. Circuit: Copyright Royalty Judges Held Unconstitutional
Labels: appointments clause of the U.S. Constitution, copyright litigation, Copyright Rate-Setting, copyright royalty judges, Library of Congress
Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.