Fairness Rocks News Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

Home Industry News Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

Author: David Oxenford

Date: September 18, 2018

Original Source: Broadcast Law Blog

Industry News

Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. We wrote about that decision here, and provided more details here. In any appeal of an agency decision, the Court routinely affords the agency deference in reaching its decision. The Court will not overturn that decision unless it has no basis in the record developed on the matter before the agency, or unless the agency decision was arbitrary and capricious – in plain English, the agency did not reach a logical conclusion based on the facts before it. That means that the Courts will not overturn a decision just because the agency might have logically reached another decision – but instead it will only intervene where the agency came to a conclusion that could not be logically supported. In this case, no reason to overturn the CRB decision was found.

Read more: https://www.broadcastlawblog.com/2018/09/articles/court-of-appeals-upholds-copyright-royalty-boards-2015-webcasting-royalty-rate-decision/