Copyright Law Updates | New Statutes, Regulations and Rules
May 14, 2010
Register of Copyrights: It Has No Authority under Copyright Act to Resolve Constitutionality of 17 U.S.C. 114(f)(5)
The Register of Copyrights’ and the Copyright Royalty Judges’ Authority to Determine the Constitutionality of 17 U.S.C. 114(f)(5
Docket No. RF 2009–1B, 5/11/2010
Two material questions of substantive law were referred to the Register of Copyrights (“Register”) concerning the authority of the Register of Copyrights and the Copyright Royalty Judges (“CRJ”) to determine the constitutionality of 17 U.S.C. 114(f)(5).
The Register of Copyrights responded by delivering a Memorandum Opinion to the Copyright Royalty Board on April 30, 2010.
By way of background, In the Copyright Royalty and Distribution Reform Act of 2004, Congress amended Title 17 to replace the copyright arbitration royalty panels with the CRJs. One of the functions of the CRJs is to make determinations and adjustments of reasonable terms and rates…
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