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The U.S. Court of Appeals for the D.C. Circuit late Tuesday upheld the satellite royalty rates set by the Copyright Royalty Board, rejecting most of an appeal by SoundExchange that said the rates were arbitrarily low. The board wasn’t…
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required to set rates near market value and experts who testified gave valid reasons for why some revenue may be excluded from rate calculation, the court said. But it told the board it must set a rate for so-called ephemeral recordings, for which the board said it didn’t have enough evidence to act. In a concurring opinion, Judge Brett Kavanaugh hinted he wanted to review the constitutional status of the board, which is appointed by the Librarian of Congress, though its judges aren’t “removable at will” and can’t be reversed. But no party raised the issue, he said.