It's not often that Metallica, Dr. Dre, and Peter, Paul & Mary are brought up during oral argument, but such was the case Thursday when the D.C. Circuit delved into Internet radio royalty fees. At issue is the Copyright Royalty Board's increase in royalty rates and a change in how royalties are calculated for music delivered over the Internet. But before the court took up the merits of the rates, there was extensive debate about whether the three judges on the board are sitting in violation of the appointments clause.
D.C. Circuit Asked to Declare Copyright Royalty Board Unconstitutional
March 20, 2009