Live365 Questions CRB's Constitutionality in Suit
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Pure-play webcaster Live365.com has filed suit in the U.S. District Court in Washington, DC, questioning the constitutionality of the Copyright Royalty Board. The move comes just as CRB is convening a new royalty-setting proceeding. Live365 is asking the court to issue an injunction to prevent any further proceedings until the constitutional question is resolved.
Live365 contends that recent opinions by the U.S. Court of Appeals for the District of Columbia "have called into question whether the judges of the Copyright Royalty Board were appointed in violation of the U.S. Constitution's separation of powers."
Live365 CEO Mark Lam said, "The constitutional issue is the elephant in the room at the CRB. Before any hard-earned artists' royalties and webcaster investments are spent on a potentially invalid royalty-setting court, we are just requesting, for the benefit of all parties, to have this significant concern addressed and answered."
Lam continued, "We are hopeful to bring this issue before the courts expeditiously and to have a decision before any more time and money is spent before the CRB."