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The Register of Copyrights said the Copyright Royalty...

The Register of Copyrights said the Copyright Royalty Board’s determination of rates established in December for royalty payments to be paid by preexisting subscription services, like Music Choice, didn’t properly consider the four statutory factors under copyright law. The judges’…

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misinterpretation of the applicable statutory standard “constitutes an erroneous resolution of a material question of substantive law,” said Register of Copyrights Maria Pallante Wednesday in a Federal Register notice (http://1.usa.gov/173UkYe). The CRB finalized its rates for the licensing period Jan. 1, 2013, through Dec. 31, 2017, for the only existing Satellite Digital Audio Radio Services, Sirius XM, and for PSS last year (CD Dec 18 p8). The rates included a 9 percent royalty that Sirius XM must pay to SoundExchange, which will increase by 0.5 percent each year, reaching 11 percent in 2017. The Copyright Office also published the final rates for the services Wednesday in the Federal Register (http://1.usa.gov/17p66e2).