Independent Producers Group v. Library of Congress, No. 13-1274 (D.C. Cir. 2015)Annotate this Case
IPG, representative of several copyright owners in the 2000-03 royalty fee distribution proceeding, alleged that the Board erred in determining IPG's royalty fees in the sports programming and program suppliers categories. As a preliminary matter, the court concluded that the orders at issue are subject to judicial review as part of the Board’s final determination and therefore, the court has jurisdiction to review the merits of the appeal. The court concluded that an evidentiary sanction that the Board imposed during the preliminary evidentiary hearing is not arbitrary and capricious where the Board reasonably responded to a blatant discovery violation by IPG; no basis exists for overturning the Board’s
reasoned decision to reject IPG’s sports programming claims on behalf of FIFA and the U.S. Olympic Committee; and the court rejected IPG's contentions that the Board improperly relied on the MPAA's methodology for calculating the relative marketplace value of their claims and allocating royalty fees within the program suppliers category. Accordingly, the court affirmed the judgment.