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RECORDING INDUSTRY ASS'N v. LIB. OF CONGRESS

Nos. 09-1075, 09-1205.

608 F.3d 861 (2010)

RECORDING INDUSTRY ASSOCIATION OF AMERICA, INC., Appellant v. LIBRARIAN OF CONGRESS, Appellee. National Music Publishers' Association, Inc., Songwriters Guild of America, and Nashville Songwriters Association International, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2010.

Attorney(s) appearing for the Case

Paul M. Smith argued the cause for appellant. With him on the briefs were Steven R. Englund, Jared O. Freedman, Lindsay C. Harrison, Steven M. Marks, Susan B. Chertkof, and Scott A. Zebrak. David A. Handzo entered an appearance.

Kelsi Brown Corkran, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Tony West, Assistant Attorney General, and Scott R. McIntosh, Attorney. Sarang V. Damle, Attorney, entered an appearance.

Jay Cohen argued the cause for intervenors National Music Publishers' Association, Inc., et al. With him on the brief were Lynn B. Bayard, David W. Brown, Jay Rosenthal, Senior Vice-President & General Counsel, National Music Publishers' Association, Inc., Kathryn E. Wagner, Vice President & Counsel, National Music Publishers' Association, Inc., Charles J. Sanders, Special Counsel, Songwriters Guild of America, and Carl W. Hampe.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

By law, the Copyright Royalty Board sets the terms and rates for copyright royalties when copyright owners and licensees fail to negotiate terms and rates themselves. As part of its statutory mandate, the Board sets royalty terms and rates for what is known as the § 115 statutory license. That license allows individuals to make their own recordings of copyrighted musical works for distribution...

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