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NRB Appeals D.C. Circuit Web Music Rate Ruling En Banc

The full U.S. Court of Appeals for the D.C. Circuit should overturn a court panel's July ruling (see 2307280058) upholding the Copyright Royalty Board’s ruling on rates for webcast music for 2021-2025, said the National Religious Broadcasters Noncommercial Music License…

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Committee in an en banc appeal Tuesday. In that case, NRB argued the final rates discriminated against religious broadcasters by not giving them the same rates as fellow noncommercial broadcaster NPR. NRB was joined in that court challenge by NAB and Sound Exchange, though each entity had separate grievances with the CRB ruling. The three-judge panel rejected all three arguments, but NRB is the lone en banc appellant. The D.C. Circuit ruling conflicts with U.S. Supreme Court precedent on religious discrimination, and doesn’t acknowledge that the CRB conceded a disparity exists between the treatment of NRB and NPR. “Accordingly, en banc review is warranted,” said the filing.