DC Circuit Upholds CRB Music Streaming Rates for 2016-20

The U.S. Court of Appeals for the D.C. Circuit upheld the Copyright Royalty Board’s Web IV music streaming rates for 2016-20 in a Tuesday opinion filed by Judge Sri Srinivasan. "We sustain the Board’s determination in all respects." CRB set the statutory royalty rate for subscription-based commercial noninteractive webcasters at .0022 cent per song performance for 2016, to be adjusted in ensuing years to account for inflation. The royalty rate for ad-based commercial noninteractive webcasters was .0017 cent per song performance for 2016, also to be adjusted for inflation. The rates were reasonable, and CRB "adequately and reasonably explained its decision to set different rates for ad-based and subscription noninteractive webcasting services," Srinivasan wrote for himself and Judith Rogers and Thomas Griffith. NAB "is delighted by the D.C. Circuit’s decision to uphold the streaming rates for broadcasters set by" CRB. SoundExchange, among the challengers, didn’t comment.