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District Court Holds that Internet-Based Television Provider, FilmOn X is Entitled to a Compulsory License
By Anne Woodworth – Edited by Henry Thomas
Order: Fox Television Stations, Inc. v. FilmOn X, LLC , No. CV-12-6921 (C.D. Cal. July 16, 2015) hosted by loeb.com
A judge in the U.S. District Court for the Central District of California ruled last week granted summary judgement for defendant FilmOn X, finding that the internet-based television provider is entitled to a compulsory license under § 111 of the Copyright Act to re-transmit broadcast television. The ruling is at odds with both a Second Circuit ruling and the position of the Copyright Office. Recognizing that the legal issues were close and of “significant commercial importance”, the judge authorized an immediate appeal to the Ninth Circuit and chose to maintain the existing preliminary injunction against FilmOn X.
FilmOn X gives subscribers access to remote antennae which pick up TV signals and broadcast the programs online where users can view in DVR format. Though the service is currently free, FilmOn maintains that this is because the service is offering free trials. Plaintiffs Fox Television Stations, Inc., NBCUniversal Media, LLC, and a host of other broadcasting companies moved for summary judgement, arguing that FilmOn X was not entitled to a compulsory license under § 111 of the Copyright Act. FilmOn X cross-moved that they were entitled to the license. § 111 allows cable broadcast companies to transmit copyrighted media, without negotiating with every copyright holder, as long as they follow specified rules and pay set royalties.
After outlining the multi-decade history of cable rebroadcasting, the district court found that internet streaming services such as FilmOn X fall within the § 111 definition of cable systems. A “cable system” is defined in the statute as “a facility . . . 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...Source: JOLT Digest
Downtown streets to close for TV production - The Commercial Appeal07/27/15 ,via Memphis Commercial Appeal
Several streets in Downtown, South Memphis and Midtown will be closed or subject to temporary closure over the next few days for a “large-scale television production,” the city said in a release Monday. Crews will be shooting scenes from July 30 to Aug. 3.
Obituary: Minnesotan Peg Lynch, creator of 1950s 'Ethel and Albert' radio/TV ...07/27/15 ,via Minneapolis Star Tribune
Now that they're on television, they're funnier than all the other funny married couples on television. After a spell as once-a-week Lynch, who wrote nearly 11,000 scripts for radio and television, was a pioneering woman in broadcast entertainment
NBL boss Larry Kestelman says rebranding is key for new TV, commercial deals07/27/15 ,via Sydney Morning Herald
The businessman and property developer has set in motion a rebranding of everything about the NBL, except for the name itself, and beyond that he wants to change the league's commercial image among television broadcasters and potential sponsors.
Racing channel expands into regions | RACING.COM07/27/15 ,via Racing.com
“Seven's discussions with Foxtel around extending the Channel 78 broadcast to their pay-TV platform are progressing, whilst we are continuing daily discussions with Tabcorp in the hope of returning Victorian racing to Sky Racing's wall-to-wall channels
Emmy Nominations 2015 Analysis: Broadcast TV's Slump Continues, Multicam ...07/16/15 ,via Deadline
With The Good Wife again left out of best drama series contention, this marks the fourth consecutive year with no commercial broadcast series in the top drama category. Returning to the best drama series race are last year's contenders Game Of Thrones,
voltage-knowledge: A television commercial for “My Forged Wedding” was broadcast nationwide in August 2012. http://t.co/fWWGS5kW0u 07/24/15, @Fangirl_labil
Still 1 of my favorite things ever. This was actually broadcast on television. This commercial is my spirit animal. http://t.co/DqFFRc59xX 07/22/15, @BU_CheerCoach