A U.S. Court of Appeals has ruled that the Copyright Royalty Board (CRB) is unconstitutional, thus putting the CRB's previous royalty rates for webcasting into question. Well … maybe.
FMQB echoes a Reuters report that the U.S. Court of Appeals found that the three-member CRB, which is appointed by the Librarian of Congress, "violates the Appointments Clause of the Constitution, which requires officers with significant authority be appointed by the president with Senate confirmation." However, the Court of Appeals added this issue could be remedied by giving the Librarian of Congress the ability to fire the judges on the CRB. Sounds like an easy fix.