News & Analysis as of

Internet Streaming

9th Circuit’s VidAngel decision vindicates lawful video filtering service

by Thompson Coburn LLP on

Some have cast the Disney v. VidAngel proceeding, decided August 24 by the 9th Circuit, as the “big studios” versus the “little guy”; the movie studios’ collective effort to kill filtering. This is far from the truth....more

Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

by Snell & Wilmer on

In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service. Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed...more

Three Takeaways From The Disney/Netflix Split

by Fox Rothschild LLP on

The media community has been buzzing with the news that Disney plans to launch its own digital subscription channel for movies and series content. Its current license deal with Netflix expires at the end of 2018, after which...more

French Supreme Court: Internet intermediaries must pay for blocking measures against illegal streaming websites

by Hogan Lovells on

On 6 July 2017, the French Supreme Court (Cour de cassation) confirmed a decision of the Paris court of appeal dated 15 March 2016 (RG No. 040/2016) which held that Internet intermediaries must bear the costs for implementing...more

Intellectual Property Bulletin - Summer 2017

by Fenwick & West LLP on

Reducing Cybersecurity Risks to Autonomous Vehicles - The Department of Transportation is revising autonomous vehicle guidelines it issued in September 2016. Recent comments by Secretary Elaine Chao suggest that the new...more

Bob Gaudio Tells Spotify To Walk Like A Man

by Fox Rothschild LLP on

Spotify, the world’s largest music streaming service, was sued last week for over $366 million by two music publishers, Bluewater Music Services in Nashville and a group of companies affiliated with Bob Gaudio, the...more

Lettre d’actualité IPMT: #15 - May 2017

by Hogan Lovells on

Brevets - Sort des redevances de licence de brevet et nullité du brevet Le Tribunal de grande instance de Paris applique les règles dégagées par le CJUE dans l'arrêt Genentech Inc c. Hoechst GmbH et Sanofi-Aventis...more

Modified set-top boxes and copyright infringement – where do we stand?

by Dentons on

In an important decision for rights holders everywhere, on 26 April 2017, the European Court of Justice (CJEU) ruled that the sale of multimedia devices that have been modified to allow end users to stream pirated content is...more

No Compulsory License for Internet Retransmissions of Broadcast TV

by McDermott Will & Emery on

Reversing the district court’s partial grant of summary judgment in favor of an internet streaming service, the US Court of Appeals for the Ninth Circuit relied on the US Copyright Office’s interpretation of § 111 of the...more

Bill Banning Streaming Video Tax Rejected - Legislation that would prohibit California localities from imposing taxes on streaming...

On April 24, 2017, the Assembly Committee on Revenue and Taxation (Committee) voted unanimously to postpone for at least one year a bill that would temporarily ban California localities from taxing streaming video services. ...more

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

by Hogan Lovells on

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with...more

European Commission Prioritizes Completion of Digital Single Market

by Jones Day on

Since May 2015, the European Commission ("Commission") has identified the completion of the Digital Single Market as one of its top-ten political priorities. The Digital Single Market Strategy ("Strategy") aims at ensuring...more

Taxing the Digital Economy: Impending changes to GST in Singapore

by Dentons on

Should digital downloads, streaming services and online purchases from foreign entities be subject to goods and services tax (GST) in Singapore? How about off-premise cloud computing?...more

Video Viewing Information: A How-To Guide

by Bryan Cave on

The Video Privacy Protection Act (“VPPA”) was passed in 1988 in reaction to a fear that people other than a consumer and a video rental store could collect information on a consumer’s video rental history. This was not an...more

Changed rules for film distribution certificates will affect Internet services - The rules for issuing film distribution...

by Dentons on

The rules for issuing film distribution certificates were changed on 21 December 2016. Now films that have not received a Russian distribution certificate cannot be shown not only in a movie theater in Russia, but also on the...more

California Legislation Introduced to Ban Local Taxation of Streaming Video

On January 31, 2017, California Assembly Bill 252 was introduced by Assembly Member Sebastian Ridley-Thomas to prohibit California cities and counties from subjecting streaming video to tax. As we have previously...more

Do Not Wait until Mid-Stream to Revisit Content Sharing Agreements

As more and more content that has traditionally only been offered over-the-air, through cable, or on satellite becomes increasingly available via the internet, television content providers must take care in scrutinizing their...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

by Hogan Lovells on

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The December 22 announcement that Deutsche Bank had settled with the DOJ over long-standing RMBS-related claims and investigations for a reported $7.2 billion prompted this Times long-read that traced the Icarus-like rise and...more

Online Copyright Enforcement Gone Wrong – How To Get it Right

by Smart & Biggar on

An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email sent pursuant to Canada’s...more

California Cities To Tax Streaming Video?

Many cities in California are considering the expansion of their Utility User Tax (UUT) to streaming video services. Such an expansion may be inconsistent with the cities’ existing ordinances, be invalid under Proposition 218...more

“Meandering Evening Stroll” Helps Defeat Preliminary Injunction Motion Against AMAZON FIRE TV

by Dorsey & Whitney LLP on

A recent decision by the United States Court of Appeals for the 11th Circuit highlights the perils of delay in filing a motion for a preliminary injunction in a trademark infringement case. In Wreal, LLC v. Amazon.com, Inc....more

Video-Streaming Companies See the “Netflix Tax” Going into Effect Around the Country to the Dismay of “Cord Cutters”

by Butler Snow LLP on

If you are like many other Americans, then you may have “cut your Cable TV cord” and turned to streaming movies and shows through your accounts with Netflix, Amazon Prime, Hulu, HBO GO, SlingTV, or other video streaming tech...more

Stripped of Excess Verbiage, Claim Directed to Streaming Out-of-Region Media to Cell Phones in an Abstract Idea

In Affinity Labs of Texas, LLC v. DirecTV, LLC, [2015-1845, 2015-1846, 2015-1847, 2015-1848] (September 23, 2016), the Federal Circuit affirmed the dismissal of the Complaint for patent infringement for failure to state a...more

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Cybersecurity

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