Live365 suit to oust Copyright Royalty Board lives, just!

Kevin Goldberg reports on the ongoing case in which webcaster Live365 is challenging the constitutionality of the Copyright Royalty Board (CRB), and with it the recently confirmed statutory webcasting rates.

Last year an opinion by Judge Kavanaugh opened the door. Live 365 jumped on it, using an arcane argument over the method of appointment of the CRB. They filed for a preliminary injunction.

At a recent hearing Judge Walton rejected that request. He did not throw out the case, however, despite his opinion that there was a “substantial” chance of it’s failure.

Kevin notes that it is likely that, if the case proceeds, it could eventually end up again in the hands of the more sympathetic Judge Kavanaugh.

There is no “bright line” to follow in such cases with the Supreme Court having ultimately decided similar conflicts on a case-by-case basis.

Department of the Inferiors? Copyright Royalty Board Judges Are OK With That. : CommLawBlog.