Copyright Office Issues Final Order on Authority to Determine the Constitutionality of 17 U.S.C. 114(f)(5)
Issue No. 388 - May 11, 2010
Two material questions of substantive law were referred to the Register of Copyrights concerning the authority of the Register of Copyrights and the Copyright Royalty Judges (CRJs) to determine the constitutionality of 17 U.S.C. 114(f)(5). The Register responded by delivering a Memorandum Opinion to the Copyright Royalty Board on April 30, 2010. As neither the Register nor the CRJs have any specific authority under Chapter 7, or any other provisions of the Copyright Act, to determine the constitutionality of 17 U.S.C. 114(f)(5), and because no other established exceptions to the general rule against agency adjudication of the constitutionality of congressional enactments are applicable, the Register concluded that neither the Register of Copyrights nor the CRJs have the authority under the Copyright Act to determine the constitutionality of 17 U.S.C. 114(f)(5). For further information, go to the Copyright Office website www.copyright.gov. (Read more.)