Case Detail

Fox Television Stations, Inc. v. FilmOn X, LLC
On March 21, 2017, U.S. Court of Appeals for the Ninth Circuit overturned a trial court decision that would have legitimized a business model based on the unauthorized, for-profit exploitation (via the Internet) of the copyrighted works of others. The decision proved a victory for Washington Legal Foundation, which filed an amicus curiae brief in the case arguing that the district court misapplied federal copyright law by drastically expanding the definition of “cable system” under § 111 of the Copyright Act. Writing for a unanimous panel, Judge O’Scannlain concluded that § 111 is ambiguous on the question presented. Deferring to the Copyright Office’s interpretation—which WLF’s brief urged the court to do—the appeals court held that Internet-based retransmission services are not eligible for the compulsory license that § 111 makes available to “cable systems.”
Case Status:
More Information and Downloads:
2/2/2016: Download the Brief
Copyhype:  Friday Endnotes (Article on FilmOnX case) 
Press Release: WLF Calls on Ninth Circuit Court of Appeals to Protect the Rights of Copyright Owners
Press Release: Ninth Circuit to Hear Oral Argument in Case Deciding Statutory Rights of Copyright Owners
Press Release: In Victory for WLF, Ninth Circuit Ruling Preserves Property Rights of Copyright Owners
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