New Rules For Webcasters..

[James]

Last month, the Copyright Royalty Board, the great people who brought you the industry-killing webcaster rates, proposed new rules for digital broadcasters to record and report playlist data so that the right people get the right royalties.

 

The proposed new rules can be found here:

 

http://www.thefederalregister.com/d.p/2008-12-30-E8-30976

 

Discuss..

[MADcHATTER]

Yes I read all this...

 

Until the brief filed by Royaly Logic with the US District court is addressed attacking the validity of the appointment of these 3 judges in direct violation of the US Constitutions Seperation of Powers and Constitutional Appointments clauses. I dont think anyone should do anything they say.

 

Simply put the creation of the CRB violates the appointments clause of the U.S. Constitution. (And we can thank Mr. Clinton for disolving CARP in the first place). In other words, the government improperly permitted the Librarian of Congress, which controls the Copyright Office, to appoint the three Copyright Royalty Judges. Under the Appointments clause of the US Consititution such positions can Only be filled by the Head of a Department (IE: The Secretary of the Department of Commerce) by Supreme Court appointment or by the President. Not the Librarian of Congress who is not a department head but overseas a support division of Congress, not a department of the government. These Judges therefore are considered to be "lesser officials" and are not empowered under the constitution to make such laws. As such, their office is not even considered remotely a part of the "legislative branch" of government but a record or support office of the Library of Congress which has absolutely no mandate to write laws. By recognizing this violation of the constitution any decision made by this trio of "Judges" becomes null and void.

 

I shall therefore do nothing until this legality issue is resolved. And the only way I can see this being resolved is the dissolution of the CRB and the reinstatement of CARP as the research and logistic team it was providing information and recommendations to the lawmakers who have the legal power to pass such laws!

 

MADcHATTER