The federal Court of Appeals in Washington, D.C., just granted the motion of Royalty Logic to file its supplemental brief in the appeal of the Copyright Royalty Board's webcaster rate decision last year, Billboard.biz has learned. The brief argues that the appointment of the Copyright Royalty Judges was unconstitutional.

The brief raises the question of whether the law creating the CRB, which provided the Librarian of Congress with the authority and obligation to appoint the CRJs, violates the "appointments" clause of the U.S. Constitution (Billboard, May 31). Royalty Logic claims that only the president, high-level executive office officials or judges may properly appoint individuals that hold the powers that the CRJs hold.

Royalty Logic is challenging the webcaster decision since the CRB denied its request to be authorized to compete with SoundExchange.

While the court did not yet agree to consider the argument, the order accepting the supplemental brief even though it was filed past the deadline is the first step toward the royalty-collection company being able to present the argument for consideration by the appeals court.

The court ordered the CRB and SoundExchange to file their supplemental briefs on the issue by June 23.

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