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Copyright Case Opinion Summaries

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Debtor, a managing member of Twister’s Iron Horse Saloon, appealed the bankruptcy court’s order determining that a debt arising from a civil judgment in favor of appellees for copyright infringement was excepted from discharge under 11 U.S.C. 523(a)(6)…

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IPG challenged the distribution of royalties from a royalty fund managed by the Copyright Office of the Library of Congress, which provides payments to copyright holders when they are statutorily obligated to license their work to third parties. IPG’s …

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TechnoMarine holds various trademark and copyright registrations for its word mark, logo, and watch dial. At issue in this appeal was whether a prior litigation between TechnoMarine and Giftports resolving claims of trademark infringement and other unf…

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David Richison began a payroll processing company in the 1990s in Oklahoma with his niece and nephew, Shannon and Chad Richison. The company was called “Ernest Group, Inc.” and did business under the name “Paycom Payroll.” David wrote two software prog…

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The Copyright Act of 1976 gives a copyright owner the “exclusive righ[t]” to “perform the copyrighted work publicly,” 17 U.S.C. 106(4), including the right to “transmit or otherwise communicate … the [copyrighted] work … to the public, by means of any device or process, whether the members of the public capable of receiving the performance … receive it in the same place or in separate places and at the same time or at different times,” section 101. Aereo sells a service that allows subscribers to watch television programs over the Internet. Aereo’s server tunes an antenna, which is dedicated to the use of one subscriber, to the broadcast carrying the selected show. A transcoder translates the signals received by an antenna into data that can be transmitted over the Internet. A server saves the data in a subscriber-specific folder and streams the show to the subscriber, a few seconds behind the over-the-air broadcast. The owners of program copyrights unsuccessfully sought a preliminary injunction, arguing that Aereo was infringing their right to “perform” their copyrighted works “publicly.” The Second Circuit affirmed. The Supreme Court reversed and remanded, holding that Aereo performs the works within the meaning of section 101 and does not merely supply equipment that allows others to do so. The Court noted that the Act was amended in 1976 to make the law applicable to community antenna television (CATV) providers by clarifying that an entity that acts like a CATV system “performs,” even when it only enhances viewers’ ability to receive broadcast television signals. Aereo’s activities are similar; it sells a service that allows subscribers to watch television programs, many of which are copyrighted, virtually as they are being broadcast. That Aereo’s system remains inert until a subscriber indicates that she wants to watch a program is not critical. Aereo transmits a performance whenever its subscribers watch a program. The Court stated that when an entity communicates the same contemporaneously perceptible images and sounds to multiple people, it “transmit[s] … a performance” to them, regardless of the number of discrete communications it makes and whether it makes an individual personal copy for each viewer. Aero subscribers are “the public” under the Act: a large number of people, unrelated and unknown to each other. View “Am. Broad. Cos. v. Aereo, Inc.” on Justia Law