USA: Fox Television Stations, Inc. v. AereoKiller, LLC, United States Court of Appeals, Ninth Circuit, No. 15-56420, 21 March 2017
Kluwer Copyright Blog
April 9, 2017
Please refer tot his post as:, ‘USA: Fox Television Stations, Inc. v. AereoKiller, LLC, United States Court of Appeals, Ninth Circuit, No. 15-56420, 21 March 2017’, Kluwer Copyright Blog, April 9 2017, http://copyrightblog.kluweriplaw.com/2017/04/09/copyright-fox-television-stations-inc-v-aereokiller-llc-united-states-court-of-appeals-ninth-circuit-no-15-56420-21-march-2017/
A Pasadena, California, district court ruling that FilmOn X, LLC, was a “cable system” and thus eligible for compulsory licenses under the Copyright Act has been reversed by the U.S. Court of Appeals in San Francisco. In a ruling in favor of broadcasters such as Fox Television Stations, Inc., the court held that, based on guidance from the Copyright Office, a service that captures copyrighted works broadcast over the air, and then retransmits them to paying subscribers over the Internet without the consent of the copyright holders, is not a “cable system” eligible for a compulsory license. Therefore, streaming television service provider FilmOn X, LLC, was not entitled to a compulsory license under Section 111 of the Copyright Act (Fox Television Stations, Inc. v. AereoKiller, LLC, March 21, 2017, O’Scannlain, D.).
A full summary of this case has been published on Kluwer IP Law