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

There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
Gift this article