January 5, 2013
ivi filed a Petition for Writ of Certiorari, asking the Supreme Court to review the decision of the 2nd Circuit Court of Appeals.
The 1976 Copyright Act provides a statutory license for cable systems that receive over-the-air primary television transmissions and retransmit them as secondary transmissions using wires, cables, microwaves, or other communications channels. In this case, the Second Circuit held the statutory license was unavailable where a company made nationwide secondary transmissions using the wires of the Internet. The Second Circuit enjoined all secondary transmissions, even those local to the primary transmissions, without addressing a request to narrow the scope of the injunction. The questions presented are:
1. Whether a facility making secondary transmissions to subscribers over the Internet is a “cable system” under 17 U.S.C. §111, and thereby eligible for a statutory license under the Copyright Act.
2. Whether the Second Circuit erred in refusing to consider the scope of the injunction where the injunction was broader than necessary to address either the perceived legal transgression or the alleged irreparable harm.
June 15, 2012
ivi had oral arguments May 30th, 2012 in front of three judges at the 2nd Circuit Court of Appeals. The appeal of the district court’s preliminary injunction is now fully briefed before the appeals court.
A ruling, deciding if ivi can operate or not, is the next step. There are no accurate estimations on when the courts will rule, however, we are optimistic it will be before the end of the Summer.
March 15, 2012
ivi is waiting on the 2nd Circuit Court of Appeals to rule if ivi fits the definition of a cable system as defined in copyright law. Where ivi pays royalties to the US Copyright Office, and all content owners are compensated for ivi’s secondary transmissions of broadcast programming.
Cable Licensing Information: http://www.copyright.gov/licensing/sec_111.html
Section 111: http://www.copyright.gov/title17/92chap1.pdf
(3) Cable system.— A “cable system” is a facility, located in any State, territory, trust territory, or possession of the United States, that in whole or in part receives signals transmitted or programs broadcast by one or more television broadcast stations licensed by the Federal Communications Commission, and makes secondary transmissions of such signals or programs by wires, cables, microwave, or other communications channels to subscribing members of the public who pay for such service. For purposes of determining the royalty fee under subsection (d)(1), two or more cable systems in contiguous communities under common ownership or control or operating from one headend shall be considered as one system.