Justia Entertainment & Sports Law Opinion Summaries

Articles Posted in US Court of Appeals for the District of Columbia Circuit
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Under the Digital Millennium Copyright Act (DMCA), a lower grandfathered royalty rate is paid by some music services that were early providers of digital music transmissions. Music Choice, a digital broadcast music service that consists of several cable television channels, challenges the Board's final determination, which excludes Music Choice's internet transmissions from the grandfathered rate and also adopts more stringent audit requirements.The DC Circuit held that the Board's categorical exclusion of Music Choice's internet transmissions from the grandfathered rate conflicts with the unambiguous language of the DMCA. The court explained that, pursuant to the DMCA, Music Choice's internet transmissions are eligible for the grandfathered rate to the extent they were part of its service offering on July 31, 1998. However, the Board retains discretion to determine whether parts of Music Choice's current service offering, which includes mobile applications and internet-exclusive channels, should be excluded from the grandfathered rate. The court also held that the Board acted arbitrarily and capriciously in altering the audit standards applicable to Music Choice. Therefore, the court vacated the relevant parts of the final determination, remanding for the Board to determine whether Music Choice's internet transmissions qualified for the grandfathered rate and to reconsider the amended audit procedure. View "Music Choice v. Copyright Royalty Board" on Justia Law

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In these consolidated appeals, appellants challenge the royalty rates and terms established by the Board for the period of January 1, 2018 through December 31, 2022. Appellants challenged numerous aspects of the Board's final determination: the Streaming Services argue that the Board's decision impermissibly applies retroactively; the Streaming Services challenge the Board's rate structure and the specific rates applicable under that structure; the Streaming Services and the Copyright Owners each object to the Board's definition of certain terms; and songwriter George Johnson challenges the Board's acceptance of the Subpart A settlement, as well as its adoption of the final rate structure.The DC Circuit rejected the Streaming Services' retroactivity objection and the challenges brought by the Copyright Owners and George Johnson. However, the court agreed with the Streaming Services that the Board failed to provide adequate notice of the final rate structure, failed to reasonably explain its rejection of the Phonorecords II settlement as a benchmark, and failed to identify under what authority it substantively redefined a term after publishing its initial determination. Accordingly, the court affirmed in part, and vacated and remanded to the Board in part because it failed to give adequate notice or to sufficiently explain critical aspects of its decisionmaking. View "Johnson v. Copyright Royalty Board" on Justia Law

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In the GM/Ford action, AARC filed suit under the Audio Home Recording Act (AHRA) for alleged violations of the Act. A second, substantially similar lawsuit was filed by AARC against FCA and Mitsubishi. The district court consolidated the GM/Ford action and the FCA action. At issue in this appeal are the issues regarding the coverage of the AHRA.The DC Circuit affirmed the district court's judgments, holding that a digital audio recorder is covered by the AHRA only if it can make a "digital audio copied recording" that is also a "digital musical recording" as that term is defined by the Act; because it is undisputed that the hard drives in appellees' devices do not contain only sounds, they do not qualify as digital musical recordings and, therefore, the devices do not qualify as digital audio recording devices subject to the Act; and the court rejected AARC's partition theory and held that, at least where a device fixes a reproduction of a digital musical recording in a single, multi-purpose hard drive, the entire disk, and not any logical partition of that disk, is the "material object" that must satisfy the definition of a "digital musical recording" for the recording device to qualify under the Act. View "Alliance of Artists and Recording Companies, Inc. v. Denso International America, Inc." on Justia Law

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The Architect of the Capitol removed high school student David Pulphus’ painting from the exhibition of the 2016 winners of the Congressional Art Competition. The painting was initially described as “a colorful landscape of symbolic characters representing social injustice, the tragic events in Ferguson, Missouri, and the lingering elements of inequality in modern American society.” It was removed after protests by police unions and a FOX news personality, based on a newspaper story that described it as “depicting police officers as pigs with guns terrorizing a black neighborhood.” After unsuccessfully asking that the House Office Building Commission overrule the removal decision, Pulphus and Missouri Congressman Clay unsuccessfully sought a preliminary injunction, alleging violations of their First Amendment rights. The D.C. Circuit dismissed an appeal as moot; the 2016 Congressional Art Competition is over and no other concrete, redressable injury is alleged that was caused by the Architect’s removal decision. View "Pulphus v. Ayers" on Justia Law