The RIAA today filed an appeal to the Copyright Royalty Board’s Final
Determination on Royalty Rates in the U.S. Court of Appeals for the District of Columbia Circuit.

In the appeal, which lists the Librarian of Congress as the appellee, the RIAA said issues to be raised include:

-the CRB Judges' ruling on the royalty rate structure for ringtones;

-whether the Copyright Royalty Board Judges' decision to impose a 1.5% late fee per month was arbitrary and capricious, a departure from legal requirement and abuse of discretion, in excess of legal authority and/or unsupported by substantial record evidence;

-and whether the CRB Judges had the legal authority to eliminate provisions “from a settlement agreement that the parties had agreed was not severable.”

Initially, the CRB Judges had ruled to accept the settlement, but made
certain changes, eliminating parts of it after the U.S. Copyright Register commented on their determination.

The Washington, D.C. office of the Jenner & Block LLP law firm made the filing on behalf of the RIAA.

In a supplemental statement, the RIAA said that after the initial Oct. 2
determination by the CRB, it filed a request for a rehearing on Oct. 17,
which was denied on Nov. 12. When the CRB issued an order modifying the final determination, the RIAA filed a request for a rehearing on Feb. 23.

“That request remains pending” with the CRB Judges but the RIAA filed the appeal because the “governing statute (17 U.S.C. 803) is unclear as to whether the CRJs have jurisdiction to consider the second request for hearing,” according to documents filed by the RIAA.

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