Webcaster IV – Additional Briefing on Novel Question of Substantive Law

On September 11, 2015, in the context of the Copyright Royalty Judges’ rate setting proceeding for Webcasters, Webcaster IV Docket No. 14-CRB-0001-WR (2016-2020) (Web IV), pursuant to section 802(f)(1)(B), the Copyright Royalty Judges issued an order referring the following novel material question of substantive law to the Register of Copyrights:

  • Does Section 114 of the Act (or any other applicable provision of the Act) prohibit the Judges from setting rates and terms that distinguish among different types or categories of licensors, assuming a factual basis in the evidentiary record before the Judges demonstrates such a distinction in the marketplace?

Initial briefs addressing this question were due from the proceeding participants on October 2nd, and responsive briefs were due on October 9th. The briefs received are posted below.

On October 14, 2015, Register of Copyrights invited participants in the Web IV proceeding as well as other interested parties that are not participating in the Web IV proceeding to file briefs on three additional questions. The Register’s additional questions and instructions for submitting briefs are contained in the Register’s Order.

In an opinion that was published in the Federal Register on December 9, 2015, the Register determined that the question was not properly presented in the proceeding and therefore the Register did not opine on its merit.