Web IV Proceeding – Supplemental Briefing on Novel Question of Law
Issue No. 596 - October 14, 2015

The Copyright Royalty Judges have issued an order in the pending Web IV proceeding to determine rates and terms applicable under the section 114 and 112 statutory licenses (Docket No. 14-CRB-0001-WR) to refer the following novel material question of substantive law to the Register of Copyrights for decision:

  • Does Section 114 of the Act (or any other applicable provision of the Act) prohibit the Judges from setting rates and terms that distinguish among different types or categories of licensors, assuming a factual basis in the evidentiary record before the Judges demonstrates such a distinction in the marketplace?

Initial briefs addressing this question were due from the proceeding participants on October 2, 2015, and responsive briefs were due on October 9, 2015. These briefs are posted on the Copyright Office website [Read More].

The Register of Copyrights is inviting participants in the Web IV proceeding, as well as other interested parties, to file supplemental briefs on the referred question. The Register is requesting input on three specific issues. Supplemental briefs are due no later than October 26, 2015. The Register’s specific inquiries, and instructions for submitting briefs, are set forth in the Register’s Order.