The Copyright Arbitration Panel
Economic Advice in Litigation
The Situation
The Copyright Arbitration Panel recommended, and the Copyright Office adopted, the rate proposed by NERA for distant TV stations retransmitted by satellite carriers. This was the first decision under a 1994 Act that requires the rate to reflect the fair market value of the retransmitted broadcast signals.
NERA's Role
NERA testified on behalf of PBS that the rate should be 27 cents per subscriber per month for all distant stations, compared to the current rate of 6 cents.
The Result
The Panel rejected alternative approaches and modifications to NERA's analysis urged by experts retained by the satellite carriers, the broadcast networks and sports copyright holders.
