![handle is hein.journals/rvwoecrh12 and id is 1 raw text is:
Review of Economic Research on Copyright Issues, 2015, vol. 12(1/2), pp. 1-15
ROYALTY RATE SETTING FOR SOUND RECORDINGS BY THE UNITED
STATES COPYRIGHT ROYALTY BOARD: THE JUDICIAL NEED FOR
INDEPENDENT SCHOLARLY ECONOMIC ANALYSIS
THE HON. DAVID R. STRICKLER
ABSTRACT. Judges who set copyright royalty rates through litigation, like all trial Judges, are con-
strained by the evidence and testimony. Thus, we can only determine rates that are supported by the
record. For the record to be sufficient, testifying economists must be able to apply a sufficient body
of work in the economics of copyrights. In my address to the 2015 SERCI Congress, I emphasized
the judicial need for continued and comprehensive research in this field, so that testifying economists
can provided a foundation for our determinations. In this article, I explore such issues in more detail.
The truism that judicial analysis, economic or otherwise, takes place only in the
context of lawsuits between two or more parties imposes a practical constraint on the
Judge's ability to use economic analysis.... [A] judge will, for the most part, be limited
by what the parties serve up to her. (Patricia Wald, 1987, p. 228)
1. INTRODUCTION
In September 2015, I had the privilege of addressing SERCI's Annual Congress. My speech
was on the subject of Royalty Rate Setting for Sound Recordings by the United States
Copyright Board: The Judicial Need for Independent Scholarly Analysis. The purpose of
this article is to expand briefly on some of the issues addressed in my speech, and to follow-up
on several subjects discussed during the Q and A and the discussions that followed my address
to the Congress.
The United States Copyright Royalty Board (CRB) establishes rates and terms for statutory
licenses of copyrights on sound recordings. The CRB is a three-judge panel, and one of the
three (the author of this article) by law shall be an attorney who has significant knowledge in
the field of economics. The other two Judges are the Chief Judge, who shall have experience in
The statements contained herein are the personal statements of Judge Strickler, and do not necessarily reflect the opinions
of the U.S. Copyright Royalty Board.](ViewImageLocal?handle=hein.journals/rvwoecrh12&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most