News & Analysis as of

Television Broadcast Stations Copyright

Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing...

by Smart & Biggar on

As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or “pre-loaded”, with various applications that provide their users with...more

ITV & Others v TVCatchup – Advocate General’s opinion makes light work of Court of Appeal’s uncertainty as to the meaning of...

by Reed Smith on

In the previous installment of this dispute, the UK Court of Appeal (CA) referred questions to the Court of Justice of the European Union (CJEU) on the meaning of the expression ‘access to cable of broadcasting services’ used...more

TV Broadcasters Filing Royalty Claims Will Need to Hustle

by Pillsbury - CommLawCenter on

TV broadcasters know that every July 31st, they need to file with the Copyright Royalty Board (CRB) to claim a share of the royalty fund for out-of-market carriage of their programming by cable and satellite TV systems. The...more

Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by August 1, 2016

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that...more

Broadcasters obtain injunction in bid to stem “emerging trend” of pre-loaded set-top boxes

by Dentons on

The Federal Court of Canada recently granted three large broadcasters an order for an injunction* against retailers of pre-loaded “plug-and-play” set-top boxes.  The apps pre-loaded on the boxes allow consumers to access TV...more

Justice Scalia on Trademark and Copyright: Dastar, Penguin-Shaped Cocktail Shakers and “Guilt by Resemblance”

When we decided to mark the passing of Justice Antonin Scalia by recounting a few of his copyright and trademark opinions, we were somewhat surprised to discover that there really hadn’t been that many. In fact, we located...more

Copyright Fair Use: 1 Win, 1 Maybe and Two Losses for TVEyes

On August 25, 2015, the Southern District of New York held that the archiving function of a media monitoring service was protected by fair use and that the e-mailing feature could qualify for fair use if certain protective...more

Is it the end of the line for our current broadcasting regulatory framework?

by Dentons on

On 26 March 2015, the Department for Culture, Media and Sport (DCMS) published a consultation paper titled "The balance of payments between television platforms and public service broadcasters – options for deregulation" (the...more

DISHing it out with the Fox: How the Second Screen Has Survived Fox’s Copyright Attacks

January’s Central District of California ruling on Fox Broadcasting’s claims against the DISH Network clarifies some of the ambiguity surrounding second screen cross-device programming distribution and copyright infringement....more

ITV & Others v TVCatchUp: In the latest instalment in this long running dispute, the UK courts have again referred this case to...

by Reed Smith on

TVC operates an internet-based live stream service, carrying a number of broadcasters’ channels. ITV, Channel 4 and Channel 5 issued proceedings against TVC in relation to the unauthorised transmission of both their public...more

With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close

In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with...more

American Broadcasting Co. v. Aereo and its Aftermath

by Ladas & Parry LLP on

The U.S. Copyright Act in 17 USC 106 specifically gives copyright owners the exclusive right to control “performances” of their works. 17 USC 101 defines public performance as including “transmission” of the work. In 17 USC...more

STELA Reauthorization Act of 2014

by Davis Wright Tremaine LLP on

President Obama has signed H.R. 5728, reauthorizing the Satellite Television Extension and Localism Act of 2010 (“STELA”) which was set to expire at the end of this year. The new law, entitled the STELA Reauthorization Act of...more

The Supreme Court Decides Aereo, Finds That Transmitting Copyrighted Programs To Subscribers Is A Public Performance

by JD Supra Perspectives on

While the decision is ostensibly limited to Aereo’s particular service, it offers some guidance on how broadcast networks, cable-alternative companies like Aereo, and other content providers can innovate within the bounds of...more

Sports, Media and Entertainment Intelligence - 2014

by DLA Piper on

BETTING AND GAMING - US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by industry websites to...more

US Supreme Court Will Hear Broadcasters’ Case

by DLA Piper on

Aereo, a New York-based startup technology company financed by Barry Diller, utilizes warehouses full of tiny antennas to capture over-the-air television and then retransmit it over the Internet to its subscribers’ digital...more

Is this the beginning of the end for TVCatchUp and section 73 CDPA?

by Reed Smith on

Following the Court of Justice of the European Union’s (“CJEU”) judgment on 7 March 2013, in which it confirmed that TVCatchUp’s streaming service, which live streams all of the channels broadcast by ITV, Channel 4 and...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

TC's inside IP - Summer 2013: Technology Continues to Test the Boundaries of Copyright Law

by Thompson Coburn LLP on

Technological advances are stressing the seams of existing copyright law, forcing yet another industry to grapple with the prospect of disruption. At the nexus of this tension is AEREO, Inc. (“Aereo”), a streaming service...more

Sports, Media and Entertainment Intelligence - August 2013

by DLA Piper on

BETTING AND GAMING - Luck o’ the Irish? The Republic seeks to liberalise gambling laws - Hot on the heels of its Northern Ireland counterparts, the Irish government has proposed a number of reforms which suggests more...more

June 2013: Entertainment Litigation Update

California Appeals Court Decides for Defendants in Idea Theft Case. - While idea theft claims continue to proliferate in Hollywood, a recent decision from the California Court of Appeal bolsters defendants’ chances...more

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

Last week­—the week of May 12, 2013­—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

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