U.S. Court of Appeals

  1. U.S. Appeals Court Rules Copyright Royalty Board Was Unconstitutional

    July 06, 2012 7:42 PM EDT The U.S. Court of Appeals in the District of Columbia ruled on Friday that the Copyright Royalty Board (CRB) was unconstitutional when it passed rates for non-commercial web broadcasts, like college and high school radio stations, leaving in quest ...

  2. Music Crits Rejoice! Appeals Court Ruling Says Promotional CDs Can Be Resold

    January 05, 2011 12:00 AM EST Promotional CD owners are free to thin out their collections without fear of reprisal. On Tuesday the U.S. Court of Appeals for the 9th Circuit court held up a lower court's ruling that confirmed the right to sell promotional CDs. The case pi ...

  3. Beatles iTunes Deal Pays Royalties Directly to Band, Publisher, Sources Say

    January 04, 2011 12:00 AM EST Four decades since their breakup, the Beatles are still sticking with their trailblazing ways. It seems that the EMI/Beatles deal that finally brought the Fab Four's catalog to iTunes may be more groundbreaking than originally thought. Accord ...

  4. Legal Matters Column: Ruling A Download Doesn't Constitute A Performance, Court Deals Blow To ASCAP

    September 30, 2010 12:00 AM EDT Setting the licensing rates for music copyrights is usually the domain of high-priced lawyers, managers and business executives. But in the early '40s, a federal court in New York decided that, left to its own devices, ASCAP would behave as a ...

  5. Appeals Court Says Downloads Not Public Performances

    September 28, 2010 12:00 AM EDT The U.S. Court of Appeals for the Second Circuit ruled against ASCAP on Tuesday, saying that digital downloads of musical works do not constitute public performances. In a separate matter, the court sent back to the district court the issue of fee ...

  6. Viacom Appeals YouTube Copyright Ruling

    August 12, 2010 12:00 AM EDT Viacom Inc is appealing a U.S. judge's dismissal of its $1 billion lawsuit accusing Google Inc of allowing copyrighted videos on YouTube without permission. Viacom's appeal to the U.S. Court of Appeals for the 2nd Circuit in New York was ...

  7. Court Strikes Down FCC Indecency Policy

    July 13, 2010 12:00 AM EDT The Federal Communications Commission's indecency policy is unconstitutionally vague and could create a chilling effect beyond "fleeting expletives" heard on broadcasts, an appeals court ruled on Tuesday in a major win for broadcast ...

  8. Business Matters: CRB, Ringtone Royalties, Vevo, Zune and more

    June 28, 2010 12:00 AM EDT COURT UPHOLDS CRB DECISION -- Last week, the U.S. Court of Appeals for the D.C. Circuit upheld a 2009 decision by the Copyright Royalty Board that set the mechanical royalty rate for ringtones at 24 cents. The judges found that the CRB’s decision ...

  9. YouTube Wins Viacom Copyright Lawsuit

    June 23, 2010 12:00 AM EDT YouTube has won its legal battle with Viacom . In a statement posted at the YouTube blog on Wednesday, Kent Walker, Google’s VP and general counsel, announced the court’s decision and linked a copy of its summary judgment . The court ruled YouTube ...

  10. FCC Loses Key Ruling On 'Net Neutrality'

    April 06, 2010 12:00 AM EDT A federal court threw the future of Internet regulations and U.S. broadband expansion plans into doubt Tuesday with a far-reaching decision that went against the Federal Communications Commission. The U.S. Court of Appeals for the District of Colu ...

  11. DC Court: FCC May Not Have Net Neutrality Authority

    January 11, 2010 12:00 AM EST The issue of net neutrality is expected to take up a good deal of debate in 2010, and the first salvos of the year have already been fired. During a Friday hearing, judges on the U.S. Court of Appeals for the District of Columbia questioned whethe ...

  12. Music Publishers, RIAA To Continue Royalty Negotiations

    September 16, 2009 12:00 AM EDT Ongoing negotiations between music publishers and the RIAA regarding mechanical royalties will continue Oct. 1 at an event sponsored by the Assn. of Independent Music Publishers. The negotiations are expected to result in the disbursement of up to ...

  13. FCC To Take Another Look At Janet Jackson Case

    September 16, 2009 12:00 AM EDT The U.S. Federal Communications Commission said the agency will review the incident involving a fleeting glimpse of pop singer Jane Jackson's breast during the 2004 American football championship. Jackson's right breast was exposed to al ...

  14. Digital Briefs: Live365, CRB, Napster, Live Nation

    September 01, 2009 12:00 AM EDT -- Internet radio provider Live365 , one of the few webcasters to turn down the recent SoundExchange compromise agreement for streaming royalty rates, is taking a decidedly different approach to the ongoing dispute - by challenging the constitutio ...

  15. Court Declines To Rule On CRB

    July 10, 2009 12:00 AM EDT The U.S. Court of Appeals in Washington D.C. declined to rule on a motion that questioned the constitutionality of the Copyright Royalty Board. The motion was filed late by Royalty Logic during an appeal hearing on CRB's royalty rate determin ...

  16. RIAA Appeals Royalty Rate Determination

    March 30, 2009 12:00 AM EDT 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 ...

  17. Federal Appeals Court Considers Motion Against CRB Judges

    March 19, 2009 12:00 AM EDT The Royalty Logic motion filed almost a year ago questioning whether the Copyright Royalty Board Judges are constitutionally appointed had its day in court yesterday, as the U.S. Court of Appeals for the D.C. Circuit considered the issue as part o ...

  18. Grateful Dead Lawyer Kant Dies At 77

    October 23, 2008 12:00 AM EDT Harold (Hal) Sanford Kant died on Sunday (Oct. 19) after battling pancreatic cancer. He was 77. For over thirty-five years, the politically conservative, registered Republican was the principal lawyer and general counsel for the seminal Sixties ro ...

  19. Court Tosses FCC Fine Of CBS Over Janet Jackson Flash

    July 21, 2008 12:00 AM EDT A U.S. appeals court on Monday overturned a decision to fine CBS Corp. television stations $550,000 for airing a brief breast flash by pop singer Janet Jackson during the 2004 Super Bowl broadcast. The U.S. Court of Appeals for the Third Circuit s ...

  20. Judges Reject Webcasters' Requests

    April 16, 2007 12:00 AM EDT Internet radio broadcasters were dealt a setback Monday (April 16) when a panel of copyright judges threw out requests to reconsider a ruling that hiked the royalties they must pay to record companies and artists. A broad group of public and priva ...

  21. Microsoft Ordered To Pay $1.5 Billion In MP3 Lawsuit

    February 23, 2007 12:00 AM EST Microsoft Corp. must pay $1.52 billion in damages to telecommunications equipment maker Alcatel-Lucent SA for violating two patents related to digital music, a federal jury ruled Thursday (Feb. 22). The Redmond, Wash.-based software company said t ...

  22. Bridgeport Wins Verdict Against UMG

    February 13, 2007 12:00 AM EST A federal court jury in Nashville today (Feb. 13) found UMG Recordings and Universal Music Group liable for copyright infringement, awarding $88,980 in damages to music publishers Bridgeport Music and Southfield Music. The jury found that Public A ...

  23. House Group Says Broadcast Flag 'Essential'

    October 04, 2005 12:00 AM EDT The copyright industry's drive to get lawmakers to enact legislation that will institute the so-called "broadcast flag" copyright-protection regime appears to be gaining steam. WASHINGTON, D.C. -- The copyright industry's drive ...

  24. Case Summary: Tortious Interference & Fraudulent Inducement (TVT vs. Lyor Cohen & Island Def Jam)

    June 21, 2005 12:00 AM EDT The U.S. Court of Appeals for the Second Circuit on June 14 reversed a 2003 District Court judgment, which ordered Lyor Cohen and the Island Def Jam Music Group to pay about $54 million to Steve Gottl The U.S. Court of Appeals for the Second Circu ...

  25. Case Summary: Revival of Foreign Copyrights

    June 14, 2005 12:00 AM EDT Companies that commercially exploit sheet music and old film footage challenged the constitutionality of section 514 of the Uruguay Round Agreements Act (URAA), which implemented part of the Berne Con Companies that commercially exploit sheet musi ...

  26. Court Reaffirms 2-Second Sampling Infringement

    June 07, 2005 12:00 AM EDT The U.S. Court of Appeals for the Sixth Circuit reaffirmed June 3 its decision that a two-second sample of a recording infringes the sound recording copyright. NEW YORK -- The U.S. Court of Appeals for the Sixth Circuit reaffirmed June 3 its decis ...

  27. Studio Aims To Flip Broadcast Flag

    May 17, 2005 12:00 AM EDT In what might be a record for rapid political response, at least one of the motion picture studios apparently is circulating legislative language that would overturn an appellate court's ruling that t WASHINGTON, D.C. (The Hollywood Reporter) ...

  28. NAB Counsel Moves To Wilmer Cutler

    March 29, 2005 12:00 AM EST Jack Goodman, former senior VP/general counsel of the National Assn. of Broadcasters, has joined the communications and e-commerce department of Wilmer Cutler Pickering Hale and Dorr in its Washington Jack Goodman, former senior VP/general counsel ...

  29. SoundExchange To Distribute Webcast Royalties

    January 25, 2005 12:00 AM EST SoundExchange, the label/artist collection and distribution group, can now distribute $11 million in initial Webcast royalties from Oct. 28, 1998 through Dec. 31, 2004, now that the U.S. Court of Appe WASHINGTON, D.C. -- SoundExchange, the label/a ...

  30. SoundExchange To Distribute Webcast Royalties

    January 20, 2005 12:00 AM EST Court rejects appeals by broadcasters, content owners. SoundExchange, the label/artist collection and distribution group, can now distribute $11 million in initial Webcast royalties from Oct. 28, 1998 through Dec. 31, 2004, now that the U.S. Court ...

  31. SoundExchange To Distribute Webcast Royalties

    January 20, 2005 12:00 AM EST Court rejects appeals by broadcasters, content owners. SoundExchange, the label/artist collection and distribution group, can now distribute $11 million in initial Webcast royalties from Oct. 28, 1998 through Dec. 31, 2004, now that the U.S. Court ...

  32. Appeals Court Nixes RIAA Subpoenas

    January 11, 2005 12:00 AM EST The Recording Industry Assn. of America lost another court battle Jan. 4 in its attempt to issue subpoenas on Internet service providers to obtain personal information about subscribers alleged to be WASHINGTON, D.C. -- The Recording Industry Assn ...

  33. Appeals Court Nixes RIAA Subpoenas

    January 06, 2005 12:00 AM EST The RIAA lost another court battle Jan. 4 in its attempt to issue subpoenas on Internet service providers to obtain personal information about subscribers alleged to be infringing copyrights over peer The RIAA lost another court battle Jan. 4 in i ...

  34. Supremes Say Amen To FCC Regs

    December 07, 2004 12:00 AM EST The U.S. Supreme Court on Nov. 29 turned back a religious broadcaster's attempt to undo federal regulations that govern the distribution of broadcast licenses intended for public TV and radio stations WASHINGTON, D.C. (The Hollywood Reporter) ...

  35. Digital $$'s Stream In

    November 30, 2004 12:00 AM EST SoundExchange, the label/artist royalty collection group, is sending out $6.5 million in sound-recording performance royalties to recording artists and record company copyright owners in its fall 2004 WASHINGTON, D.C. -- SoundExchange, the label/a ...

  36. Groups Ask Court To Overturn "Broadcast Flag"

    October 12, 2004 12:00 AM EDT A coalition of nine public-interest groups ranging from the American Library Assn. to the Consumers Union are telling the federal court here that it needs to overturn the Federal Communication Commiss WASHINGTON, D.C. ( The Hollywood Reporter ) -- ...

  37. Case Analysis: Sixth Circuit's "Substantial Similarity" Test for Copyright Infringement

    September 21, 2004 12:00 AM EDT Prior to 2003, federal courts in the Sixth Circuit, which encompasses Kentucky, Michigan, Ohio and Tennessee, had not formally adopted a specific test or approach for determining "substantial similari Prior to 2003, federal courts in the Sixt ...

  38. Case Analysis: Samples & Copyright Infringement

    September 14, 2004 12:00 AM EDT On Sept. 7, the U.S. Court of Appeals for the Sixth Circuit in Nashville held that a two-second sample infringed the sound recordings copyright. The three-judge panel in Bridgeport Music Inc. et al. v On Sept. 7, the U.S. Court of Appeals for the ...

  39. Case Analysis: Recovering Defendants' Attorney's Fees in Copyright- Infringement Cases

    September 06, 2004 12:00 AM EDT It is rare that the successful party to litigation recovers the attorney's fees he spent for the lawsuit. Generally, fees may be awarded only when the parties agreed to such action in the written cont It is rare that the successful party to l ...

  40. Court Nixes RIAA Appeal In Grokster Case

    August 19, 2004 12:00 AM EDT Grokster and StreamCast, distributors of peer-to-peer file-sharing software, are not contributorily or vicariously liable for copyright infringements by users, the U.S. Court of Appeals for the Ninth Grokster and StreamCast, distributors of peer-t ...

  41. Court Nixes RIAA Appeal In Grokster Case

    August 19, 2004 12:00 AM EDT Grokster and StreamCast, distributors of peer-to-peer file-sharing software, are not contributorily or vicariously liable for copyright infringements by users, the U.S. Court of Appeals for the Ninth Grokster and StreamCast, distributors of peer-t ...

  42. FCC Seeks To Lift Stay On Ownership Limits

    August 17, 2004 12:00 AM EDT U.S. communications regulators have asked a federal appeals court to reconsider its decision putting on hold new, tighter radio ownership limits. WASHINGTON, D.C. (Reuters) -- U.S. communications regulators have asked a federal appeals court to re ...

  43. FCC Seeks To Lift Stay On Ownership Limits

    August 09, 2004 12:00 AM EDT Says 'no sound reason' for hold on radio rules. U.S. communications regulators have asked a federal appeals court to reconsider its decision putting on hold new, tighter radio ownership limits, according to a copy of the petition obtaine ...

  44. Court Tosses Media Deregulation Package

    June 24, 2004 12:00 AM EDT Controversial FCC decision reversed. A federal appeals court today (June 24) largely reversed a controversial deregulation package that the Federal Communications Commission (FCC) passed last year, handing a victory to public-interest groups that ...

  45. Court Tosses Media Deregulation Package

    June 24, 2004 12:00 AM EDT A federal appeals court today (June 24) largely reversed a controversial <A HREF="http://www.billboard.com/bb/biz/archivesearch/article_display.jsp?vnu_content_id=1000525510">deregulation package</A> A federal appeals court t ...

  46. Update: Court Hears File-Sharing Case Arguments

    February 03, 2004 12:00 AM EST The question of whether peer-to-peer file-sharing company Grokster is liable for copyright infringement may not be legally resolved for months. The question of whether peer-to-peer file-sharing company Grokster is liable for copyright infringement ...

  47. RIAA: Suits Will Continue Despite Verizon Court Win

    December 22, 2003 12:00 AM EST The RIAA expressed disappointment Friday after a federal appeals court ruled that the trade group has no authority to compel Internet service providers to turn over the identities of subscribers who u The RIAA expressed disappointment Friday after ...

  48. RIAA: Suits Will Continue Despite Verizon Court Win

    December 22, 2003 12:00 AM EST The RIAA expressed disappointment Friday after a federal appeals court ruled that the trade group has no authority to compel Internet service providers to turn over the identities of subscribers who u The RIAA expressed disappointment Friday after ...

  49. Appeals Court Ruling Nixes RIAA Subpoena Rights

    December 19, 2003 12:00 AM EST A federal appeals court ruled today that the RIAA has no authority to compel Internet service providers to turn over the identities of their subscribers who use peer-to-peer file-sharing services and A federal appeals court ruled today that the RI ...

  50. Appeals Court Ruling Nixes RIAA Subpoena Rights

    December 19, 2003 12:00 AM EST A federal appeals court ruled today that the RIAA has no authority to compel Internet service providers to turn over the identities of their subscribers who use peer-to-peer file-sharing services and A federal appeals court ruled today that the RI ...