Live365, Inc. v. Copyright Royalty Board

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

This case was initiated by Live365 on August 31, 2009, seeking declaratory and injunctive relief through a facial challenge under the Appointments Clause of the Constitution against the Copyright Royalty Board (“CR Board” or “Board”), 1 the judges of the Board in their official capacities, as well as the Librarian of Congress (collectively referred to hereafter sometimes as “the government” or the “defendants”). Specifically, the plaintiff chal lenges the creation of the CR Board as promulgated by “a 2004 amendment to the U.S. Copyright Act,…