Copyright Royalty Board Issues Rule to Handle Remands and . . .

by Janette Spencer-Davis, Legal Editor, CCH Copyright Law Reports   

  The Copyright Royalty Board (CRB) has issued an interim regulation governing remands to final determinations pursuant to the Copyright Act. Section 803 of the Act sets forth the procedural structure for Copyright Royalty Judges to make determinations to distribute royalty fees and establish royalty rates and terms under various statutory licenses of the Copyright Act. While the U.S. Court of Appeals for the District of Columbia could vacate a determination or portion thereof, and remand to the judges for further action, there were no procedural regulations in place for handling the disposition of a remand.

The CRB adopted the interim rule in response to two decisions of the Court of Appeals in which the court affirmed the determinations of the judges and remanded issues for further consideration (2009 Copyright Law Decisions ¶29,796and ¶29,797). It provides that, within 45 days from the issuance of a remand of a determination of the judges, the parties to the proceeding shall submit written proposals setting forth the procedures and schedule to be followed in addressing the remand. The regulation, which became effective on August 4, 2009, appears in this Report at ¶12,951.15(74 Federal Register 28533, August 4, 2009).

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