Fox Television Stations, Inc. v. Aereokiller LLC, No. 15-56420 (9th Cir. 2017)Annotate this Case
Plaintiffs, a group of broadcast stations and copyright holders, filed suit against FilmOn X, an operator of a service that uses antennas to capture over-the-air broadcast programming, much of it copyrighted, and then uses the Internet to retransmit such programming to paying subscribers, all without the consent or authorization of the copyright holders. Under section 111 of the Copyright Act of 1976, 17 U.S.C. 111(c), a "cable system" is eligible for a so-called compulsory license that allows it to retransmit "a performance or display of a work" that had originally been broadcast by someone else—even if such material is copyrighted—without having to secure the consent of the copyright holder. So long as the cable system pays a statutory fee to the Copyright Office and complies with certain other regulations, it is protected from infringement liability. The district court granted partial summary judgment to FilmOn. The Copyright Office determined that Internet-based retransmission services were not eligible for the compulsory license under section 111. The court deferred to the Office's interpretation because it was persuasive and reasonable. Accordingly, the court reversed the judgment.
Court Description: Copyright. Reversing the district court’s partial summary judgment in favor of defendants, the panel held that 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 under the Copyright Act. Under § 111 of the Act, a “cable system” is eligible for a so-called compulsory license that allows it to retransmit “a performance or display of a work” that had originally been FOX TELEVISION STATIONS V. AEREOKILLER 3 broadcast by someone else—even if such material is copyrighted— without having to secure the consent of the copyright holder. So long as the cable system pays a statutory fee to the Copyright Office and complies with other regulations, it is protected from infringement liability. The panel concluded that § 111 was ambiguous on the question presented. Deferring to the Copyright Office’s interpretation, the panel held that Internet-based retransmission services are not eligible for the compulsory license that § 111 makes available to “cable systems.”