Supreme Court refuses to hear Copyright Royalty Board challenge

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Supreme Court refuses to hear Copyright Royalty Board challenge

The US Supreme Court has declined to hear a case challenging the constitutionality of the organisation that sets royalty fees for copyrighted music.

On Tuesday, the court refused to grant a writ of certiorari by Intercollegiate Broadcast System (IBS), an association of non-commercial webcasters broadcasting to educational institutions, which challenged the authority of the Copyright Royalty Board.

The Copyright Royalty Board, a panel of three judges appointed by the Librarian of Congress, was created under the Copyright Royalty and Distribution Reform Act of 2004. IBS had argued that the board should instead be appointed by the US President and confirmed by the Senate.

The case stemmed from the board’s decision to make noncommercial educational webcasters pay an annual fee of $500 per channel to play unlimited amounts of music. Challenging the fee before the US Circuit Court of Appeals for the District of Colombia, IBS argued that the $500 charge was invalid because the board’s structure was unconstitutional.

In July 2012, the appellate court agreed that the Copyright Royalty Board was unconstitutional because of restrictions on the Librarian of Congress’s ability to remove the judges, but fixed the issue by removing these restrictions.

Having decided that the board’s structure was unconstitutional at the time it determined the fee, the appellate court vacated the board’s decision but did not address IBS’s arguments regarding whether the rate structure was correct.

more from across site and SHARED ros bottom lb

More from across our site

Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
Gift this article