May 28, 2013

Jenner & Block secured a victory for client SoundExchange when the U.S. Supreme Court declined to hear a challenge to the constitutionality of the judges who set royalty rates for musical works.  Petitioner Intercollegiate Broadcast System Inc. had contended that the Copyright Royalty Judges were principal officers who needed to be appointed by the president and confirmed by the Senate, instead of appointed by the librarian of Congress.   In challenging the Copyright Royalty Judges, IBS hoped to overturn the judges’ decision setting webcasting terms that were favorable to SoundExchange.   SoundExchange, a non-profit entity that collects royalty payments and distributes them to record companies and artists, was a respondent in the matter.  On May 28, the Court refused to hear IBS’ appeal.  The team representing SoundExchange in the Supreme Court includes Partners Michael B. DeSanctis, Matthew S. Hellman and Jessica Ring Amunson, along with Associate Bharat R. Ramamurti.  News of the Court’s decision was reported in media outlets Law360.