An Internet radio company has filed a straight-on challenge to the constitutionality of the Copyright Royalty Board, the panel that determines the rates companies pay for statutory copyright licenses. In a complaint filed Monday, Live365 argued that the royalty board violates the Constitution's appointments clause, because its members are selected by the librarian of Congress. The suit argues that because of their significant authority, the non-Article III judges must be selected by the president.
Internet Radio Company Says Royalty Board Is Unconstitutional
The National Law Journal
September 2, 2009