Internet radio provider Live365, one of the few webcasters to turn down the recent SoundExchange compromise agreement for streaming royalty rates, is taking a decidedly different approach to the ongoing dispute – by challenging the constitutionality of the Copyright Royalty Board. The basis for this challenge is a recent U.S. Court of Appeals opinion in the District of Columbia. “Billions of dollars and the fates of entire industries can ride on the Copyright Royalty Board’s decisions,” the opinion reads. “(The CRB) exercises expansive executive authority … unsupervised by the Librarian of Congress or by any other Executive Branch official.” Building off that statement, Live365 filed a federal lawsuit the U.S. District Court for the District of Columbia seeking an injunction against all further CRB proceedings until the constitutionality of the entity can be resolved. The suit comes on the cusp of the start of new royalty setting proceedings.


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