32 Cited authorities

Ebay Inc. v. Mercexchange, L. L. C.
547 U.S. 388 (2006) Cited 3,806 times 130 Legal Analyses
Holding that traditional four-factor test applies to injunctions against patent infringement
Ford Motor Co. v. Summit Motor Products, Inc.
930 F.2d 277 (3d Cir. 1991) Cited 626 times
Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial
Ross-Simons of Warwick, Inc. v. Baccarat
102 F.3d 12 (1st Cir. 1996) Cited 469 times
Holding that "a preliminary injunction is not warranted by a tenuous or overly speculative forecast of anticipated harm"
Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc.
645 F.3d 26 (1st Cir. 2011) Cited 273 times 2 Legal Analyses
Applying the eBay factors in the trademark context
WPIX, Inc. v. ivi, Inc.
691 F.3d 275 (2d Cir. 2012) Cited 134 times 7 Legal Analyses
Holding that "streaming copyrighted works without permission," including at times "earlier ... than scheduled by the programs' copyright holders or paying" licensees was likely to cause irreparable harm to copyright owners' "negotiating platform and business model"
Cartoon Network v. CSC Holdings
536 F.3d 121 (2d Cir. 2008) Cited 118 times 22 Legal Analyses
Holding there was no direct copyright infringement when copies of copyrighted television programs and movies were recorded by a cable company's digital video recorder (DVR) because copies were automatically made upon the customer's demand
Fortnightly Corp. v. United Artists
392 U.S. 390 (1968) Cited 107 times 8 Legal Analyses
In Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390, 88 S.Ct. 2084, 20 L.Ed.2d 1176 (1968), the Court considered a CATV system that carried local television broadcasting, much of which was copyrighted, to its subscribers in two cities.
Cambridge Literary v. Goebel Porzellanfabrik
510 F.3d 77 (1st Cir. 2007) Cited 84 times
Holding that co-ownership claims do not "arise under" the Copyright Act where the claims "may be determined by the terms of a contract governed by state law or through other ownership interests governed by state law and thus not require application of the Copyright Act"
Soc'y of the Holy Transfiguration Monastery, Inc. v. Denver
689 F.3d 29 (1st Cir. 2012) Cited 66 times 2 Legal Analyses
Holding that unauthorized circulation of a work did not affect the ownership of the copyright
WNET, Thirteen v. Aero, Inc.
712 F.3d 676 (2d Cir. 2013) Cited 27 times 9 Legal Analyses
Docket Nos. 12–2786–cv, 12–2807–cv. 2013-04-1 WNET, THIRTEEN, Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, WPIX, Inc., Univision Television Group, Inc., The Univision Network Limited Partnership, and Public Broadcasting Service, Plaintiffs–Counter–Defendants–Appellants, v. AEREO, INC., f/k/a Bamboom Labs, Inc., Defendant–Counter–Claimant–Appellee. American Broadcasting Companies, Inc., Disney Enterprises, Inc., CBS Broadcasting Inc., CBS Studios Inc., NBCUniversal Media
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,360 times 175 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,755 times 108 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,498 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 301 - License for radio communication or transmission of energy
47 U.S.C. § 301 Cited 215 times 16 Legal Analyses
Stating the purpose of the FCA, "to provide for the use of [radio] channels, but not the ownership thereof"
Section 307 - Licenses
47 U.S.C. § 307 Cited 202 times
Pending a final decision on a license renewal application, the Commission shall continue such license in effect
Section 110 - Limitations on exclusive rights: Exemption of certain performances and displays
17 U.S.C. § 110 Cited 67 times 11 Legal Analyses
Exempting from copyright protection "performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly"
Section 73.1740 - Minimum operating schedule
47 C.F.R. § 73.1740 Cited 2 times
(a) All commercial broadcast stations are required to operate not less than the following minimum hours: (1)AM and FM stations. Two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week except Sunday. (i) Class D stations which have been authorized nighttime operations need comply only with the minimum requirements for operation between
Section 79.1 - Closed captioning of televised video programming
47 C.F.R. § 79.1 Cited 2 times 1 Legal Analyses
Regulating closed captioning of video programming and stating, "[n]othing in this section shall be construed to authorize any private right of action to enforce any requirement of this section. The Commission shall have exclusive jurisdiction with respect to any complaint under this section."
Section 73.624 - Television broadcast stations
47 C.F.R. § 73.624
(a) Television broadcast stations are assigned channels 6 MHz wide. (b) Minimum programming requirements. The TV service that is provided pursuant to this paragraph (b) must have a resolution of at least 480i (vertical resolution of 480 lines, interlaced). (1) TV licensees or permittees that broadcast in ATSC 1.0 (using the transmission standard in 73.682(d)) shall transmit at least one free over the air video program signal at no direct charge to viewers. (2) [Reserved] (3) TV licensees or permittees

Hearst Stations Inc. v. Aereo, Inc.

32 Cited authorities

Holding that traditional four-factor test applies to injunctions against patent infringement

Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial

Holding that "a preliminary injunction is not warranted by a tenuous or overly speculative forecast of anticipated harm"

Applying the eBay factors in the trademark context

Holding that "streaming copyrighted works without permission," including at times "earlier ... than scheduled by the programs' copyright holders or paying" licensees was likely to cause irreparable harm to copyright owners' "negotiating platform and business model"

Holding there was no direct copyright infringement when copies of copyrighted television programs and movies were recorded by a cable company's digital video recorder (DVR) because copies were automatically made upon the customer's demand

In Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390, 88 S.Ct. 2084, 20 L.Ed.2d 1176 (1968), the Court considered a CATV system that carried local television broadcasting, much of which was copyrighted, to its subscribers in two cities.

Holding that co-ownership claims do not "arise under" the Copyright Act where the claims "may be determined by the terms of a contract governed by state law or through other ownership interests governed by state law and thus not require application of the Copyright Act"

Holding that unauthorized circulation of a work did not affect the ownership of the copyright

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

Stating the purpose of the FCA, "to provide for the use of [radio] channels, but not the ownership thereof"

Pending a final decision on a license renewal application, the Commission shall continue such license in effect

Exempting from copyright protection "performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly"

Regulating closed captioning of video programming and stating, "[n]othing in this section shall be construed to authorize any private right of action to enforce any requirement of this section. The Commission shall have exclusive jurisdiction with respect to any complaint under this section."