In these consolidated appeals, appellants challenge the royalty rates and terms established by the Board for the period of January 1, 2018 through December 31, 2022. Appellants challenged numerous aspects of the Board’s final determination: the Streaming Services argue that the Board’s decision impermissibly applies retroactively; the Streaming Services challenge the Board’s rate structure and the specific rates applicable under that structure; the Streaming Services and the Copyright Owners each object to the Board’s definition of certain terms; and songwriter George Johnson challenges the Board’s acceptance of the Subpart A settlement, as well as its adoption of the final rate structure.
The DC Circuit rejected the Streaming Services’ retroactivity objection and the challenges brought by the Copyright Owners and George Johnson. However, the court agreed with the Streaming Services that the Board failed to provide adequate notice of the final rate structure, failed to reasonably explain its rejection of the Phonorecords II settlement as a benchmark, and failed to identify under what authority it substantively redefined a term after publishing its initial determination. Accordingly, the court affirmed in part, and vacated and remanded to the Board in part because it failed to give adequate notice or to sufficiently explain critical aspects of its decisionmaking. View “Johnson v. Copyright Royalty Board” on Justia Law