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

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article