A lawsuit challenging the constitutionality of the Copyright Royalty Board could bring business to a standstill at the panel whose decisions direct billions of dollars for broadcasters and copyright holders. It could also leave the head of the U.S. Copyright Office open to a similar challenge.
The suit, filed Aug. 31 by Web radio outfit Live365 Inc. in the U.S. District Court for the District of Columbia, argues that the way the three-judge panel is selected violates the U.S. Constitution’s appointments clause. Live365 is asking for an immediate halt to all board proceedings.
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