Intercollegiate Broadcasting System, Musician Confirm D.C. Circuit Appeals of CRB Webcasting Rates

The Intercollegiate Broadcasting System (IBS) and independent musician George Johnson separately confirmed to us Wednesday that they petitioned the U.S. Court of Appeals for the D.C. Circuit to review the Copyright Royalty Board's 2016-20 noninteractive webcasting rate-setting ruling. SoundExchange also filed an appeal of the CRB’s ruling, which several music industry lawyers said faces difficult odds at the D.C. Circuit (see 1606010065). CRB published a final version of its 2016-2020 noninteractive webcasting royalty rates in early May, setting the rates at 0.17 cent per performance on nonsubscription services and 0.22 cent per performance on subscription services (see 1605020058). IBS disputed the current Web IV ruling saying it's “in excess of Constitutional and statutory authority, is in violation of the public's Constitutional and statutory rights and interests, is in violation of the Copyright Act, as amended, is not supported by the record, is arbitrary and capricious, and deprives petitioner of due process.” Johnson said he's seeking a D.C. Circuit review on a pro se, on one's own behalf, basis. Neither the IBS nor Johnson petitions had been entered into the Pacer database and hadn’t received case numbers at our deadline.