Legal Opinion · Concurrence
SoundExchange, Inc. v. Muzak LLC
Court of Appeals for the D.C. Circuit
Decided April 25, 2017No. 16-7041Published
1ConcurrenceRogers, Circuit Judge
The court describes the context in which the parties differ on when rates under a grandfather clause in the Digital Millennium Copyright Act of 1998 (“DMCA”), Pub. L. No. 105-304, 116 Stat. 2860, are available. I write separately to expand on the reasons for my concurrence.
As a general rule, grandfather clauses that operate in derogation of a statute’s dominant purpose should be narrowly construed. Patagonia Corp. v. Bd. of Governors, 517 F.2d 803, 811 (9th Cir. 1975). The DMCA defines a “preexisting subscription service” (“PSS”) as
a service that performs sound recordings by means of…
2Cases cited4 opinions
- Engine Manufacturers Ass'n v. South Coast Air Quality Management DistrictSupreme Court of the United States · 2004
- American Bankers Association v. National Credit Union AdministrationCourt of Appeals for the D.C. Circuit · 2001
- Patagonia Corporation v. Board of Governors of the Federal Reserve SystemCourt of Appeals for the Ninth Circuit · 1975
- In re Madison Guaranty Savings & LoanCourt of Appeals for the D.C. Circuit · 2004